|
Toggle Nav
A Guide to Civil Procedure in Hong Kong – Seventh Edition (Student)
Authors: Eric Cheung, Carter Chim, Gary Meggitt
In addition to general updates for each topic which enable readers to keep abreast of the latest developments in procedural laws in civil litigation, this title has substantially revised the part on legal professional privilege to discuss the recent judicial development both in Hong Kong and other common law jurisdictions and the unsettled areas in this regard. It also raises an interesting and important discussion as to whether “legal advice privilege” and “litigation privilege” should be treated as two “distinct conceptual animals” instead of “two branches of the same tree”, as explained by the Canadian Supreme Court in Blank v Canada (Minister for Justice) [2006] 2 SCR 319. How that may affect the scope and application of the two heads of privileges in Hong Kong remains to be seen.
Publication Date: December 2022
Publisher: LexisNexis
The principal aim of this book is to provide students with a clear and up-to-date exposition of the rules and judicial decisions governing the conduct of civil litigation in Hong Kong.
The Civil Justice Reform has now been effective for more than 13 years and there are many judicial decisions reflecting judicial approaches and attitudes to the implementation of the new rules. The jury is, however, still out as to whether the Reform has significantly achieved its objectives.
The authors have chronicled these developments by reference to the considerable amount of case law on the new rules and Practice Directions. The seventh edition includes the most significant new cases affecting both the new rules and rules unaffected by the Reform. In fact, there is a considerable body of important decisions continuously emanating from the courts which renders the task of civil litigation practitioners ever more demanding.
The contributions of the late Michael Wilkinson to the previous editions of this publication are deeply appreciated.
1 SOME INTRODUCTORY MATTERS
2 JURISDICTION OF THE COURTS AND TRIBUNALS AND TRANSFER OF PROCEEDINGS
3 PRE-COMMENCEMENT CONSIDERATIONS
4 COMMENCEMENT OF PROCEEDINGS
5 SERVICE OF PROCESS AND ACKNOWLEDGMENT OF SERVICE
6 PARTIES
7 CAUSES OF ACTION, JOINDER OF ACTIONS AND CONSOLIDATION OF ACTIONS
8 PLEADINGS
9 DISCOVERY
10 CASE MANAGEMENT AND INTERLOCUTORY PROCEEDINGS
11 INTERLOCUTORY OR INTERIM REMEDIES
12 DISPOSAL OF ACTIONS WITHOUT TRIAL
13 SETTLEMENT
14 CERTAIN ASPECTS OF EVIDENCE
15 THE TRIAL PROCESS
16 JUDGMENTS AND ORDERS
17 PERSONAL INJURY ACTIONS AND OTHER PARTICULAR PROCEEDINGS
18 ENFORCEMENT OF JUDGMENTS
19 COSTS
20 APPEALS
21 ALTERNATIVE DISPUTE RESOLUTION
