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Section 21M HCO (Cap 4), and the related provision of s 21N HCO, were introduced under the Civil Justice Reform (CJR) in April 2009. The new provisions have given the Hong Kong courts the power to grant interim relief, including interim injunctions, in Hong Kong in aid of substantive proceedings commenced abroad, even where there are no such proceedings on foot in Hong Kong.
In making the recommendations that led to the drafting and enactment of the section, the CJR Working Party considered the jurisprudence relating to s 25 Civil Jurisdiction and Judgments Act 1982 (“CJJA 1982”), which has now been extended in England and Wales to apply to non-Convention countries, and which is similar in terms to ss 21M and 21N HCO. It concluded amongst other things, and relying primarily on a passage of Morritt LJ from Refco Inc v Eastern Trading Co [1999] 1 Lloyd’s Rep 159, that the court’s proper approach was to first consider “whether the facts would warrant the relief sought if the substantive proceedings were brought in England” before moving on to ask whether it is “inexpedient” to grant the relief sought (para 358(a) Final Report of the CJR Working Party).
This alerter addresses how this test may be applied in relation to applications for interlocutory injunctions under s 21M HCO, and in particular the question of whether and in what situations the court will inquire into the merits of the plaintiff’s case. We hope to demonstrate two things: First, while the approach set out above is by and large correct, English case law and commentary shows that the English courts have, when acting as an ancillary court, only considered the underlying merits of an action in two specific situations; secondly, that in any event there is no good reason – particularly in relation to such applications – to interpret s 21M HCO as requiring an inquiry into the merits in all cases where an interim injunction is sought under the provision.
CJR Alerter: For full view of this article subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 17 CJRA.
This case concerned an application for leave to appeal an interlocutory order under s.14AA of the High Court Ordinance (Cap.4), which was introduced as part of the Civil Justice Reform. Section 14AA sets out the new requirement that, subject to certain exceptions, an interlocutory appeal from the Court of First Instance to the Court of Appeal can only be brought with leave of the Court of First Instance or the Court of Appeal.
CJR Alerter: For full analysis of this case subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 15 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.
With the implementation of Civil Justice Reform in Hong Kong, the time has come to adopt the new civil procedure rules.
To help with some last minute preparation here is a short summary of some key information:
Extent: Civil proceedings in the High Court and District Court.
The Underlying Objectives:
- to increase the cost effectiveness of any practice and procedure to be followed in relation to civil proceedings before the court;
- to ensure that a case is dealt with as expeditiously as is reasonably practicable;
- to promote a sense of reasonable proportion and procedural economy in the conduct of proceedings;
- to ensure fairness between the parties;
- to facilitate the settlement of disputes; and
- to ensure the resources of the court are distributed fairly.
KEY SUPPORT TOOLS
Sweet & Maxwell publish a range of authoritative and comprehensive resources to assist practitioners in their own daily workflow and to ensure that they comply with the new rules. Also these publications assist legal practitioners to drive a competitive edge. Our authors and Editors are among the top echelons of legal practice in Hong Kong, and so these product provide the single most comprehensive picture of Civil Justice Reform, its implications and more importantly provide practical guidance about how to work within the new rules.
In preparation for Thursday, 2nd April, Implementation Date of CJR, Sweet & Maxwell have launched a new webpage dedicated to providing comprehensive information about Civil Justice Reform.
Visit this new website at: www.sweetandmaxwell.com.hk/cjr
Sweet & Maxwell have published a new book entitled ‘Civil Justice Reform Practice Manual’ to help guide practitioners through civil procedure in Hong Kong in the post-CJR world.
Civil Justice Reform Practice Manual
Features include:
- The ten key areas of litigation the authors consider the most important under Civil Justice Reform.
- The overall timelines of litigation under Civil Justice Reform.
- Early resolution of issues including summary judgment applications and strike outs.
- Trials – the new approach, Appeals – the leave filter, and costs.
- Written in accessible language.
- A practical approach with flowcharts, checklists and useful precedents.
- Includes: new rules, practice notes and useful court forms all ready in one volume.
- Potential problems and pitfalls under the new regime are highlighted.
For more information visit the Sweet & Maxwell website.
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 the changes to evidence and trial procedure following the implementation of 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，包括討論證據及審訊程序。
在这影片中，Clifford Chance 的合夥人暨香港及亚洲区诉讼及调解纠纷主管丶Sweet & Maxwell出版之《香港民事诉讼程序》总编辑Martin Rogers，将讲述於2009年4月2日实行之香港民事司法改革之相关事项，包括讨论证据及审讯程序。
This is a new blog from Sweet & Maxwell which provides leading edge perspectives on all things related to Civil Justice Reform (CJR) in Hong Kong. In this blog we will provide insights from leading experts, video interviews and briefings as well as information about developments related to CJR. We will also provide detail on any products or services which provide useful insight and guidance on CJR related issues, including Hong Kong Civil Procedure (The Hong Kong White Book).
It is free to access and we hope you enjoy using this new and exciting resource.
The Sweet & Maxwell Team
