You are currently browsing the category archive for the ‘Uncategorized’ category.
A new Practice Direction 3.5 (“PD 3.5“) on applications in writing in the Companies Court has been issued by the Chief Justice on 27 April 2010.
According to PD 3.5, save in simple cases or where the basis and justification for the direction or order sought is self-evident, any application by letter to the Companies Judges must be supported by submissions identifying:
(a) the relevant legal principles: statutory provisions and legal authorities;
(b) the evidence and facts relied on; and
(c) how it is contended that the relevant legal principles are satisfied.
PD 3.5 has come into force on 19 May 2010.
Hong Kong Dispute Resolution Bulletin: For full access to this article subscribe to the Sweet & Maxwell HKDRB, produced in association with Clifford Chance.
This article is available in [2010] 3 HKDRB.
“No other legal development in Hong Kong in recent years has attracted so much widespread interest … as mediation. This handbook is the only one to deal with such an important topic in such depth and breadth … the provisions of real cases and examples are particularly illuminating … [an] excellent work”.
Mr Huen Wong
President of the Law Society Hong Kong.
President of the Law Society Hong Kong.
In recent years mediation in Hong Kong has attracted widespread interest.
Following the Practice Direction on 31st January 2010 mediation will be at the forefront of all dispute resolution and litigation. Parties that do not resort to mediation may face adverse cost consequences. Even where the mediation is not successful it is likely to have had the positive effect of reducing the conflict and the issues between the parties.
Features
- The only comprehensive book on mediation in Hong Kong
- Outlines the important process of mediation, including the legal aspect
- Helps the reader to develop highly complex and technical skills with background methodology so that readers can start to put these skills into practice
- Includes chapters on specialist mediation such as construction disputes, shareholders’ disputes and financial products disputes.
- Extensive real life case studies
- Authoritative author team using the experience of reputable mediators
- Essential for solicitors and barristers and in house counsel as well as professionals including architects, contractors, quantity surveyors, engineers, social workers and human resources personnel.
Visit the Sweet & Maxwell website for more details.
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.
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.
