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On Tuesday January 26th Ivy Ong-Wood from Hong Kong’s The Standard, interviewed Dr Raymond Leung, General Editor of the Hong Kong Mediation Handbook.
The Standard - Raymond Leung Interview
The following link opens a copy of the article (A good compromise)
The Standard: Interview with Raymond Leung
For more information on the Hong Kong Mediation Handbook, please visit the Sweet & Maxwell website at www.sweetandmaxwell.com.hk
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.
One of the key changes implemented by the CJR is the requirement going forward of statements of truth on all pleadings, factual witness statements and expert reports. Statements of truth have been introduced to address the common complaint that pleadings often do not accurately reflect the true case of the party in question.
CJR Alerter: For full analysis of Statements of Truth subscribe to the Sweet & Maxwell CJR Alerter, produced in Association with Clifford Chance
This article is available in [2009] 1 CJRA.
The case of Elijah Saatori v Raffles Medical Group acts as a warning to solicitors to take care when preparing a statement of costs for use in court as a basis for the court to make a gross sum assessment of costs.
Access Westlaw HK to read the judgment: [2009] HKEC 559
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] 1 CJRA.
The case of Cheung Cho Kam Sindy v Cheung Yuet Ying Rose illustrates how the Judiciary will be more prepared, going forward, to express its view on the merits of the matter before it, as well as to direct the parties towards a possible settlement of their dispute – in line with the spirit of the CJR.
Access Westlaw HK to read the judgment: [2009] HKEC 532
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] 1 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.
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.
