Limitation periods and secret profits— <i>Hui v Hui</i>

Abstract In December 2024, the Hong Kong Court of Final Appeal delivered its judgment in Hui Chun Ping v Hui Kau Mo [2024] HKCFA 32, examining the limitation periods applicable to proprietary and personal claims against fiduciaries who acquire unauthorised profits from third parties. Lord Hoffmann NPJ, who delivered the main judgment with which the rest of the Court agreed, considered the conflicting authorities and academic literature in this area, and held (among other things) that a constructive trust over such secret profits is a category 2 constructive trust to which a 6-year statutory limitation period applies. This case note analyses the judgment and its wider implications for claimants and practitioners alike.