|
Foreword to the Second Edition
|
v
|
|
|
Foreword to the First Edition
|
vii
|
|
|
Dedication
|
ix
|
|
|
About the Authors
|
xi
|
|
|
Table of Cases
|
xix
|
|
|
Table of Legislation
|
lv
|
|
|
Preface
|
lxiii
|
|
|
Acknowledgements for the Second Edition
|
lxv
|
|
|
Acknowledgements for the First Edition
|
lxvii
|
|
Ch.1
|
Overview of the civil process in Hong Kong
|
|
|
|
|
Introduction
|
1.01
|
|
|
|
Civil justice reform in Hong Kong
|
1.02
|
|
|
|
Sources of civil procedure
|
1.06
|
|
|
|
Pre-action considerations
|
1.11
|
|
|
|
Case management
|
1.27
|
|
Ch.2
|
Pleadings
|
|
|
|
|
Introduction
|
2.01
|
|
|
|
The formal requirements of pleadings
|
2.02
|
|
|
|
Drafting pleadings
|
2.04
|
|
|
|
Individual pleadings
|
2.16
|
|
|
|
Amending the writ and pleadings
|
2.38
|
|
|
|
Striking out pleadings
|
2.47
|
|
Ch.3
|
Parties and joinder
|
|
|
|
|
Joinder of parties and causes of action : general principles
|
3.01
|
|
|
|
Joinder of parties
|
3.02
|
|
|
|
Joinder of causes of action
|
3.08
|
|
|
|
Other parties
|
3.32
|
|
Ch.4
|
Service of process
|
|
|
|
|
Service of process within the jurisdiction
|
4.01
|
|
|
|
Service on an individual
|
4.02
|
|
|
|
Service on a body corporate
|
4.28
|
|
|
|
Service of process out of the jurisdiction
|
4.28
|
|
|
|
Validity and renewal of the writ
|
4.66
|
|
Ch.5
|
Limitation of actions
|
|
|
|
|
Introduction
|
5.01
|
|
|
|
Actions in contract and tort
|
5.04
|
|
|
|
Other actions in tort
|
5.21
|
|
|
|
Actions to recover land and rent
|
5.22
|
|
|
|
Extension or exclusion of limitation periods in certain cases
|
5.23
|
|
Ch.6
|
Summary judgment
|
|
|
|
|
General principles
|
6.01
|
|
|
|
Order 14A
|
6.31
|
|
|
|
Set-off and counterclaim
|
6.44
|
|
|
|
Summary judgment and interim payments
|
6.47
|
|
|
|
Order 86
|
6.49
|
|
Ch.7
|
Default judgment
|
|
|
|
|
General principles
|
7.01
|
|
|
|
Setting aside default judgments
|
7.13
|
|
|
|
Regular judgments
|
7.16
|
|
|
|
Irregular judgments
|
7.21
|
|
Ch.8
|
Dismissal for want of prosecution
|
|
|
|
|
General principles
|
8.01
|
|
|
|
Intentional default
|
8.03
|
|
|
|
Inordinate and inexcusable delay
|
8.12
|
|
|
|
Defendant's conduct
|
8.26
|
|
|
|
Appeals
|
8.28
|
|
Ch.9
|
Injunctive relief
|
|
|
|
Pt. A
|
Injunctions
|
9.01
|
|
|
Pt. B
|
he mareva injunction
|
9.46
|
|
|
Pt. C
|
Anton piller relieg
|
9.70
|
|
Ch.10
|
Interim preservation of property and interim payments
|
|
|
|
|
Interim preservation of property
|
10.01
|
|
|
|
Interim payments
|
10.15
|
|
Ch.11
|
Security for costs
|
|
|
|
|
Introduction
|
11.01
|
|
|
|
Grounds for the application
|
11.02
|
|
|
|
The court's discretion
|
11.11
|
|
|
|
Is the application for security for costs being used oppressively?
|
11.13
|
|
|
|
Procedure on application
|
11.20
|
|
|
|
The nature and effect of an order for payment of security for costs
|
11.21
|
|
Ch.12
|
Discovery of documents
|
|
|
|
|
General principles
|
12.01
|
|
|
|
Privilege : an overview
|
12.22
|
|
|
|
Public interest immunity
|
12.34
|
|
|
|
Discovery in judicial review cases
|
12.38
|
|
|
|
Use of information obtained on discovery
|
12.41
|
|
|
|
Procedural overview of O.24
|
12.51
|
|
Ch.13
|
Settlement and discontinuance
|
|
|
|
|
Settlement - general principles
|
13.01
|
|
|
|
Types of offers
|
13.03
|
|
|
|
Confirming and formalizing a settlement
|
13.42
|
|
|
|
Withdrawal or discontinuance
|
13.52
|
|
Ch.14
|
Moving the case to trial
|
|
|
|
|
Particular proceedings
|
14.01
|
|
|
|
Interlocutory applications and affidavit evidence
|
14.02
|
|
|
|
Interrogatories
|
14.05
|
|
|
|
Witness evidence
|
14.06
|
|
|
|
Expert evidence
|
14.15
|
|
|
|
Setting down the action and preparing for trial
|
14.25
|
|
Ch.15
|
Appeals
|
|
|
|
|
General principles
|
15.01
|
|
|
|
Outline of the appeals process in Hong Kong
|
15.04
|
|
|
|
New evidence on appeal
|
15.81
|
|
|
|
New points of law on appeal
|
15.88
|
|
|
|
Other appeals
|
15.91
|
|
Ch.16
|
Costs
|
|
|
|
|
General principles
|
16.01
|
|
|
|
Exceptions to the general principles
|
16.04
|
|
|
|
Bases of taxation
|
16.07
|
|
|
|
Gross sum assessment of costs
|
16.17
|
|
|
|
Interim payments of costs
|
16.22
|
|
|
|
Costs in personal injuries cases
|
16.24
|
|
|
|
Wasted costs orders : personal liability of solicitors
|
16.25
|
|
|
|
Wasted costs orders : against parties
|
16.28
|
|
|
|
Costs on interlocutory applications
|
16.29
|
|
|
|
Taxation procedure
|
16.31
|
|
|
|
Security for costs
|
16.34
|
|
|
|
Litigants in person
|
16.35
|
|
|
|
Recoverable costs
|
16.37
|
|
|
|
Specific categories of costs
|
16.38
|
|
Ch.17
|
Enforcement of judgments
|
|
|
|
|
Methods of enforcement
|
17.01
|
|
|
|
Pt. A
|
17.02
|
|
|
|
Pt. B
|
17.48
|
|
|
|
Pt. C
|
17.53
|
|
Ch.18
|
Admirality proceedings
|
|
|
|
|
Introduction
|
18.01
|
|
|
|
Admiralty jurisdiction of the court of first instance
|
18.02
|
|
|
|
Procedure in an admiralty action in REM
|
18.03
|
|
|
|
Collision actions
|
18.78
|
|
|
|
Limitation actions
|
18.82
|
|
Ch.19
|
Personal injury actions
|
|
|
|
|
General principles
|
19.01
|
|
|
|
Practice direction themes
|
19.03
|
|
|
|
Practice direction 18.1
|
19.07
|
|
Ch.20
|
Alternative dispute resolution
|
|
|
|
|
Introduction
|
20.01
|
|
|
|
The evolution of adr in Hong Kong : the 'Plot Scheme' approach
|
20.10
|
|
|
|
Mediation
|
20.20
|
|
|
|
Arbitration
|
20.36
|
