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A Guide to Civil Procedure in Hong Kong, 4th Edition (Student Edition)

A Guide to Civil Procedure in Hong Kong – Student Edition, 4th Edition

A Guide to Civil Procedure in Hong Kong, 4th Edition (Student Edition)

Author: Michael Wilkinson; Eric TM Cheung; Christine N Booth; (Contributing Author) Gary Meggitt
Publisher: LexisNexis Hong Kong_
ISBN: 9789888111459
Published In: August 2011
Format: Paperback
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

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Contents
Author

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The principal aim of this book is to provide students and practitioners with a clear and up-to-date exposition of the rules and judicial decisions governing the conduct of civil litigation in Hong Kong. In 2009, the Civil Justice Reform took effect introducing underlying objectives and many new rules and Practice Directions.

The purpose of the Reform was to increase cost effectiveness, ensure expedition of proceedings, promote a sense of reasonable proportion and procedural economy and ensure a fair distribution of limited court resources, subject, of course, to the primary aim of the rules in securing a just resolution of disputes in accordance with the substantive rights of the parties. Alternative dispute resolution, especially mediation, was also much favoured in the Reform.

Two years have passed and the judicial officers, especially the Masters, have made it clear through their many judicial decisions that they are serious about implementing both the spirit and letter of the new rules. The honeymoon period in which judicial officers were generous in overlooking errors committed by lawyers and unrepresented litigants is over. Peremptory orders and self-executing sanctions are commonplace and practitioners know that, if they fail to comply with the Rules, Practice Directions or court orders, they do so at their peril. It has never been so important for lawyers to know the rules and comply with them.

In the fourth edition of this book we look in particular at the case law implementing the new rules and Practice Directions. There has been considerable case law illustrating the courts' approach to case management. We now have several judicial decisions identifying the consequences of failure to comply with the Rules and Practice Directions and illustrations of the court's approach to the imposition of self-executing sanctions and applications for relief from their consequences. The importance of milestone dates is now clear especially in the context of applications for extension of time. Striking out applications have also become more common and the approach of the courts to delay in pursuing actions has been shown to be less relaxed. Sanctioned offers and sanctioned payments are now commonplace and there have been many judicial decisions as to the consequences of non-acceptance of such offers and payments. Costs have always played a significant role in civil litigation and there has been a wealth of case law illustrating the courts' approach to the incidence of costs in the post-Reform era. Appeals have also been affected by the requirement for leave to appeal from certain interlocutory orders.

The Reform has perhaps made the task of lawyers and judicial officers more onerous but there is some evidence of success especially in the aspect of speeding up proceedings. As to reducing cost and improving access to justice the jury is still out.

Remarks: This student edition only sold to Hong Kong university students with valid student cards.

CHAPTER 1 Some Introductory Matters
CHAPTER 2 Jurisdiction of the Courts and Tribunals and Transfer of Proceedings
CHAPTER 3 Pre-Commencement Considerations
CHAPTER 4 Commencement of Proceedings
CHAPTER 5 Service of Process and Acknowledgment of Service
CHAPTER 6 Parties
CHAPTER 7 Causes of Action, Joinder of Actions and Consolidation of Actions
CHAPTER 8 Pleadings
CHAPTER 9 Discovery
CHAPTER 10 Case Management and Interlocutory Proceedings
CHAPTER 11 Interlocutory or Interim Remedies
CHAPTER 12 Disposal of Actions Without Trial
CHAPTER 13 Settlement
CHAPTER 14 Certain Aspects of Evidence
CHAPTER 15 The Trial Process
CHAPTER 16 Judgments and Orders
CHAPTER 17 Judicial Review
CHAPTER 18 Personal Injury Actions and Other Particular Proceedings
CHAPTER 19 Enforcement of Judgments
CHAPTER 20 Costs
CHAPTER 21 Appeals
CHAPTER 22 Alternative Dispute Resolution

Michael Wilkinson

Michael Wilkinson has served as Head of the Department of Professional Legal Education at The University of Hong Kong for 13 years. He is now Chairman of the Board of the Law Faculty. He was a member of the Chief Justice's Working Party on Civil Justice Reform and is a member of the Law Reform Commission. He has written many books including Hong Kong Conveyancing Law and Practice and Cases and Materials (with Judith Sihombing) in 10 looseleaf volumes, The Professional Conduct of Lawyers in Hong Kong (with Michael Sandor) in four looseleaf volumes, Halsbury's Civil Procedure (in three volumes), Advocacy and the Litigation Process (three editions, the last with Vandana Rajwani and Ray Pierce) and a Student's Guide to Hong Kong Conveyancing (with Judith Sihombing) coming into its sixth edition in 2011.

Eric TM Cheung

Eric TM Cheung was a partner of one of the largest law firms in Hong Kong before he joined the University of Hong Kong in December 1996, practising in the areas of building and town planning appeals, solicitors' indemnity claims, building and construction litigation, general banking and commercial litigation. He is the course coordinator of the Civil Litigation course in the PCLL programme and of the Civil Procedure Course in the LLB programme at the University of Hong Kong.

Christine N Booth

LLM (Dist) (HK); Solicitor of the High Court of the Hong Kong SAR, Assistant Professor, Department of Professional Legal Education, University of Hong Kong

Gary Meggitt

MA (Oxon), ACII, MCIArb; Barrister-at-Law of Lincoln's Inn, Solicitor Advocate of the Senior Courts of England and Wales, CEDR Accredited Mediator, Assistant Professor, Department of Professional Legal Education, University of Hong Kong. Gary practised insurance litigation with several leading firms in the UK before joining the University of Hong Kong in July 2007 and now teaches civil litigation, commercial dispute resolution and professional practice on the PCLL as well as insurance law on the Law Faculty's degree programmes. He has been a Deputy Head of the Department of Professional Legal Education at the University since 2009.