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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.
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.
