experience to deal with it unsatisfactory decision Adv Available for virtually

Experience to deal with it unsatisfactory decision

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experience to deal with it-> unsatisfactory decision - Adv - Available for virtually every kind of dispute (human right case, disputes with little of resolution by consensus - Set up binding precedents on particular issues not just relevant to the parties but to wider business community or the public Eg company want use the precedents to prevent some lawsuit - Can observe retributive remedies eg injunction, restraining order Not available in ADR - Provide a level plain field that a less sophisticated party is empowered with its lawful rights against a more powerful party (eg discrimination) Open to public-> ensure justice and transparency Civil justice reform - ROL> legal system must ensure the citizens has access to justice at reasonable cost and speed Unaffordable and delayed justice = denial of justice appointed a Working Party on Civil Justice Reform to reform the current civil justice system. many of the existing provisions of the Rules of the High Court and District Court were modified or rewritten under the Civil Justice Reform 1983) 152 CLR 657, 682 Australia CFA Crampton v The Queen( 2000) 206 CLR 161, 173 Chief Justice Li 2000
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Objectives of new post-civil justice rules 1) To increase the cost-effectiveness of any practice and procedure to be followed in relation to proceedings before the court 2) To ensure that a case is dealt with as expeditiously as is reasonably practicable 3) To promote a sense of reasonable proportion and procedural economy in the conduct of proceedings 4) To ensure fairness between the parties, facilitate settlements and distributed resources fairly Civil lit should be the last resort “The court has the power to stay the whole or part of any proceedings either generally or until a specified date or event it thinks appropriate in facilitating the parties to attempt alternative dispute resolution and procure settlement of the disputes between them” Moderate success of CJR: avg court waiting time decrease The Rules of HC Order 1B rule of HC Civil proceedings before CFI 1) P issues a writ of summons/ originatin summons> D file a Notice of Intention to Defend within 14 days 2) Pleadings( an interlocution of allegation and reply): D file his defence, providing an answer to each matter raised in the statement of claim and setting forth any counter-claim. P may apply to the Court for a summary judgment if D’s case is not at all defensible> successful application will lead to a final judgment of the court in fav of P OR absent summary judgment> P file its reply and defence to counterclaim 3) Discovery - Requiring parties to disclose to each other’s inspection a list of documents under their control and relevant to dispute - The document may or may not be favourable to the case of the party disclosing it Aktieselsjabet Dansk Skibsfinansiering v Wheelock Marden & Co Ltd [1994] 2 HKC 264, 269
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- Interrogatories: 質問 written questions answered upon oath or affirmation> seek to clarify matters relating to issues between parties/ elicit admissions 4) Case-management summons and conference -
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