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The CJR has introduced changes updating the legislation dealing with vexatious litigants. In its Final Report, the CJR Working Party recommended that s.27 of the High Court Ordinance (Cap.4) (“HCO”) should be updated to include enhancements equivalent to those introduced by s.42 of the UK Supreme Court Act 1981, and that the court should be given an additional statutory power to control vexatious litigants upon the application of any person directly affected by the vexatious conduct. We discuss below the changes in legislation that have been brought into effect, dealing with the need for greater flexibility over the control of vexatious litigants.
CJR Alerter: For full analysis of the CJR’s changes updating the legislation dealing with vexatious litigants subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 9 CJRA.
There has been much written in recent months on the Civil Justice Reform (”CJR”) legislation which came into effect on 2 April 2009 and which has implemented changes to the existing court rules and procedures. Certainly the changes are significant in that they demonstrate a new philosophy behind the management of litigation proceedings in Hong Kong and, in particular, the court’s role in those proceedings. Nonetheless, many of the substantive elements of the Rules of the High Court (Cap.4A, Sub.Leg.) (”RHC”) remain unchanged. This alerter highlights in brief, those parts of the Hong Kong court procedure which have not changed with the implementation of the CJR.
CJR Alerter: For full analysis of what has not changed since CJR came into effect subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.
This article is available in [2009] 9 CJRA.
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.
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.
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.
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
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.
