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Three new Practice Directions were issued on 5 October 2009, namely: (i) Practice Direction SL1 regarding directions made by the Judge of the Commercial List pursuant to O.72 r.2(3) of the Rules of the High Court (Cap.4A, Sub.Leg.); (ii) Practice Direction SL1.1 regarding the Commercial List; and (iii) Practice Direction 11.1 on ex parte, interim and interlocutory applications for relief (including injunctive relief). The new Practice Directions came into effect on 1 November 2009. We have set out below the key points of these new Practice Directions.
CJR Alerter: For full analysis of this article subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 15 CJRA.
Prior to the implementation of the Civil Justice Reform (“CJR”), the Hong Kong courts had been held to lack power to entertain an application for a Mareva injunction in aid of foreign proceeding, ie without being seized of any action to enforce a substantive legal or equitable right in respect of a defendant amendable to their jurisdiction.
CJR Alerter: For full access to this article subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 12 CJRA.
The CJR has introduced changes updating the legislation dealing with vexatious litigants. In its Final Report, the CJR Working Party recommended that s.27 of the High Court Ordinance (Cap.4) (“HCO”) should be updated to include enhancements equivalent to those introduced by s.42 of the UK Supreme Court Act 1981, and that the court should be given an additional statutory power to control vexatious litigants upon the application of any person directly affected by the vexatious conduct. We discuss below the changes in legislation that have been brought into effect, dealing with the need for greater flexibility over the control of vexatious litigants.
CJR Alerter: For full analysis of the CJR’s changes updating the legislation dealing with vexatious litigants subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 9 CJRA.
There has been much written in recent months on the Civil Justice Reform (”CJR”) legislation which came into effect on 2 April 2009 and which has implemented changes to the existing court rules and procedures. Certainly the changes are significant in that they demonstrate a new philosophy behind the management of litigation proceedings in Hong Kong and, in particular, the court’s role in those proceedings. Nonetheless, many of the substantive elements of the Rules of the High Court (Cap.4A, Sub.Leg.) (”RHC”) remain unchanged. This alerter highlights in brief, those parts of the Hong Kong court procedure which have not changed with the implementation of the CJR.
CJR Alerter: For full analysis of what has not changed since CJR came into effect subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 9 CJRA.
In Mediation (Part 1) in the last issue of the CJR Alerter, we provided an overview of the role of mediation in the administration of justice under the CJR legislation. In this issue, we will look at the application of Practice Direction 31 (“PD 31“) and the costs consequences that parties to litigation may face for unreasonably refusing to mediate.
CJR Alerter: For full analysis of the application of PD31 subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 6 CJRA.
One of the underlying objectives under O.1A is to facilitate the settlement of disputes. The Court has a duty as part of its active case management to further that objective by encouraging the parties to use an alternative dispute resolution procedure (“ADR”) if the Court considers that appropriate, as well as facilitating the use of such a procedure (the “Duty”). The parties to any proceedings and their legal representatives are also under a duty to assist the Court to further the underlying objectives.
CJR Alerter: For full analysis of mediation under O.1A subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 5 CJRA.
CJR SEMINAR: BOOK NOW, PLACES ARE RUNNING OUT FAST, NEW DATE – 6 MAY
Due to popular demand we will be hosting another CJR seminar on the 6th May 2009. This seminar will address the changes that will have taken place on 2 April 2009 and will look at how changes are developing and being put into practice. Martin Rogers, Head of Litigation and Dispute Resolution Asia, Clifford Chance will chair the event.
A tried and tested format will cover the essentials on:
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The new requirements of Litigation
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Getting pleadings right
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Case management conferences
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Costs – the new “pay as you go” system: summary assessment of costs
Event Details:
CJR Seminar 6th May 2009
Venue: The Arbitration Centre, 38/F, Two Exchange Square, 8 Connaught Place, Central, Hong Kong
Speakers: TBA
Timings: 5:00pm – 7:30pm (registration from 5:00pm for a 5:30pm start)
Ticket Price HK$500 per person
Please contact your account manager if you are interested in attending, or alternatively email claudia.cham@thomsonreuters.com
KEEPING YOU UP TO DATE WITH CIVIL JUSTICE REFORM
In this fast-moving environment lawyers will need to be on top of the very latest developments and tailor their practices and case-preparation accordingly. How do you ensure you stay up to date?
CJR Alerter will keep you updated with the very latest summaries of case law, news and how these developments will affect practice from Martin Rogers and his team at Clifford Chance.
CJR Alerter can help provide guidance on your own cases and will give you a better understanding of the new legal environment, so you can prepare for cases with confidence.
In association with Clifford Chance, this new service will deliver CJR alerts directly to your inbox every two weeks. Alerts will include:
- Case summaries – linked to the cases, for easy and speedy reference
- Attachments of the cases themselves
- Articles on the latest CJR news
- Notes on how developments will affect practice.
Features of CJR Alerter:
- 26 CJR email alerts, starting from 21 April 2009 through to 21 April 2010.
- 2,000 or more words sent in each alert including: notes, articles and case summaries.
- Cross-references and hyperlinks to case law in Westlaw HK
- Cross references to printed publications including: Hong Kong Civil Justice Reform Practice Manual, Hong Kong Civil Procedure (Hong Kong White Book) 2009.
Subscribe today to read the first case summaries following Civil Justice Reform.
Prices
Single users can subscribe to receive 26 CJR Alerter emails for only HK$2,000. Late subscribers won’t miss out, users will still be able to receive all back issues of newsletters.
Existing purchasers of the Hong Kong White Book 2009 Service can qualify for a special discounted rate of HK$1,800 for single user subscriptions*, please contact your account manager to find out more.
Please contact your account manager for firm wide pricing and for further details.
Alternatively contact us on:
Tel: +852 2863 2668
Email: smahk.customer.support@thomsonreuters.com
* Proof of purchase will be required for this discounted rate.
In this short video Martin Rogers Head of Litigation and Dispute Resolution in Asia for Clifford Chance, and General Editor of The Hong Kong White Book discusses expert reports and the giving of expert evidence following Civil Justice Reform in Hong Kong (2 April 2009).
在這影片中， Clifford Chance 的合夥人暨香港及亞洲區訴訟及調解糾紛主管、 Sweet & Maxwell 出版之《香港民事訴訟程序》總編輯 Martin Rogers ，將講述於 2009 年 4 月 2 日實行之香港民事司法改革之相關事項，包括討論專家報告，以及提供專家證供.
在这影片中， Clifford Chance 的合伙人暨香港及亚洲区及调解纠纷主管、 Sweet & Maxwell 出版之《香港民事诉讼程序》总编辑 Martin Rogers ，将讲述于 2009 年 4 月 2 日实行之香港民事司法改革之相关事項，包括讨论专家报告，以及提供专家证供.
