You are currently browsing the tag archive for the ‘Appeals’ tag.
As we reported in issue #2 of this alerter (see [2009] 2 CJRA), under the CJR, gross summary assessments of costs are likely to be much more common under O.62 rr.9(4)(b) and 9A of the Rules of the High Court, Cap. 4A Sub. Leg). We reported on the case of Elijah Saatori v Raffles Medical Group (unrep., CACV 109/2008, [2009] HKEC 559) commenting that this case acted as a warning to solicitors to take care when preparing statements of costs as a basis for the court to make gross sum assessments. The case of Everrich arguably provides further guidance, showing perhaps that even where the Court does not have any particular criticism of the sums claimed, and has found the use of counsel to be helpful, the Court is likely to grant that party all, or even close to all, of its costs claimed.
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] 13 CJRA.
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.
