Derek Cheuk

Solicitor

Profile

Derek Cheuk joined Tanner De Witt’s litigation practice in 2015 as a solicitor and specialises in Commercial and Civil Litigation and Dispute Resolution. Before joining our firm, he worked as a solicitor at an established Hong Kong law firm. Derek has also had experience working in the financial industry in London and Australia.

Derek received his CPE from Manchester Metropolitan University in the United Kingdom and a Bachelor of Science in Biochemistry from Imperial College of Science and Technology, University of London. He obtained his Postgraduate Certificate in Laws from the University of Hong Kong and qualified as a solicitor in 2009. Born in Hong Kong, he is fluent in spoken and written English and Chinese (Cantonese and Mandarin).

Experience and key cases

Contract dispute

  • Acting for the Vendors in HKIAC Arbitration Proceedings in a claim for unpaid sums due under a Shares Sale and Purchase Agreement
  • Acting for a Hong Kong garment trader in defending claim brought by a garment manufacturer in the PRC
  • Acting for a purchaser against a Hong Kong Property Agent in a claim concerning a failed overseas property development project and successfully reaching a settlement

Shareholders’ dispute

  • Acting for the majority shareholders of a family company in a claim of unfair prejudice against a minority shareholder
  • Acting for a shareholder of a Hong Kong Company in a claim for the unlawful transfer of her shares against another shareholder procured by way of fraud

Debt recovery

  • Acting for a Hong Kong medium-sized brokerage firm in a claim for outstanding funds against its client and instituting subsequent bankruptcy proceedings
  • Advising a Shenzhen-based graphic design firm in successfully recovering unpaid debts from an international architecture firm

Commercial fraud

  • Acting for an overseas law firm in a claim for fraud against a Hong Kong-based individual and successfully recovered funds through Garnishee proceedings
  • Acting for a former consultant of a Singapore-based raw material trading company against allegations of fraud, the diverting away of business opportunities and breach of duties under an employment contract

Land

  • Acting for land occupiers against subsidiaries of Hong Kong-listed property developers in adverse possession claims
  • Acting for a Hong Kong restaurant operator in successfully obtaining a prohibitive injunction order against its landlord and reaching a settlement over a breach of terms under a lease
  • Acting for a Hong Kong private company in the recovery of unlawfully occupied land against trespassers in the New Territories
  • Acting for a Singapore-based Buddhist organization in the successful challenge of an unlawful lease and subsequent recovery of its property

Contentious IP

  • Acting for a European high-end loudspeaker manufacturer defending a breach of Distribution Agreement claim and counterclaiming for breach of a licence agreement and passing-off
  • Acting for an internationally renowned shoe brand in a breach of copyright and passing-off claim
  • Advising a leading PRC-manufacturer of Blu-Ray equipment on licensing matters

Other cases

  • Advising a leading watch manufacturer on voluntary winding-up matters
  • Advising leading Hong Kong management consultancy firm in the defence of a Labour Tribunal Claim made by a former Employee against constructive dismissal
  • Acting for a former director of a Hong Kong company in defending a claim brought by the company for misappropriation of funds
  • Acting for the daughter of the deceased mother against her step-father in a contentious probate action involving a sizeable estate with assets located in Hong Kong and the US; the dispute concerns the deceased’s capacity to execute the propounded Will
  • Acting for a property owner in a claim under the Building Management Ordinance in the Lands Tribunal brought by the Incorporated Owners and successfully reaching a settlement
  • Advising clients in disciplinary hearings of various professional regulatory bodies