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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
The aim of the Civil Justice Reform (“CJR“) is to improve the cost-effectiveness of the Hong Kong system of civil procedure, reduce its complexity and reduce the delays encountered in litigation, always subject to the fundamental requirements of procedural and substantive justice. The key feature of the CJR is the Court’s duty to take a proactive approach in case management. The new O.25 is key in implementing these objectives.
CJR Alerter: For full analysis of CMCs subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 3 CJRA.
The case of Chan Chun Shing v Chang Chen Chin highlights the importance of bearing in mind and adhering to milestone dates in conducting litigation. It illustrates that the Judiciary will likely adopt a strict approach in dealing with applications for moving milestone dates.
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] 3 CJRA.
The recent decisions of Choi Chun Ming v Cosco-HIT Terminals (HK) Ltd (Nos.1 and 2) given in the context of an application for leave to adduce additional evidence after an application to set down for trial on liability had been made, illustrate how the Court (i) may resolve tensions between the underlying objectives; and (ii) can actively manage and limit the scope of discovery as part of its own case management.
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] 3 CJRA.
In the case of Housing Society v Wong Nai Chung, Deputy Judge Richard Khaw commented obiter on the threshold test for granting leave for appeal to the Court of Appeal under the new s.63A of the District Court Ordinance.
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] 2 CJRA.
In Ip Sau Lin v Hospital Authority, in dealing with an application to adduce psychiatric expert evidence in an Employees’ Compensation case, Judge Marlene Ng took the opportunity to use the history of the proceedings to illustrate the case management pitfalls that may befall parties / practitioners under the new litigation culture. The observations of Judge Ng in relation to the court’s case management powers illustrate that the Judiciary will apply such powers robustly, and that parties are expected to assist the court in discharging its active case management function.
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] 2 CJRA.
The case of Fortune Asset Devp Ltd v De Monsa Investments Ltd provides helpful guidance on the way in which the Judiciary will approach the issue of active case management in respect of late requests for time extensions on matters coming before it after 2 April 2009. This case also highlights how the court might be prepared to be more lenient towards parties and their representatives in the early days of the Civil Justice Reform (“CJR”) than they will be once the CJR has been in effect for a longer period of time.
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] 2 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.
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.
