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The changes in respect of discovery under the Hong Kong Civil Justice Reform (“CJR”) are less radical than the changes implemented in other areas of procedure. Nonetheless, litigation practitioners and their clients should note carefully the two key changes to discovery: pre-action/trial discovery and case management discovery.
CJR Alerter: For full analysis of the changes in discovery subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 4 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 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.
