Elizabeth Herbert

Pacific Chambers

Elizabeth was called to the bar of England and Wales in 2004 and called to the Hong Kong bar in 2008. She has a mixed practice and has represented clients at every level from Magistrates’ Courts to the Court of Final Appeal. Although the bulk of her work tends to be in relation to crime her cases have involved many different areas of law including contract, defamation, discrimination, human rights and matrimonial. She has a Masters from the University of Hong Kong in Information Technology and Intellectual Property Law.

Elizabeth was one of the counsel in Oriental Press Group Ltd & Another v. Fevaworks Solutions Ltd (2013) 16 HKCFAR 366 before the Court of Final Appeal which was tasked with determining liability in relation to a website that hosted defamatory material written by a third party without the knowledge of the website. This case was a global first in terms of this question being argued in the highest court of any particular country.

Elizabeth also appeared for the first defendant in X v. Melvyn Kai Fan Lai and Leigh and Orange Ltd [2019] 1 HKLRD 163 in which the Plaintiff accused the 1st Defendant of sexually harassing her in the workplace and the court held that not only was her claim time barred but that there was no harassment.