Each party must file a Timetabling Questionnaire within 28days of the close of

Each party must file a timetabling questionnaire

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Each party must file a Timetabling Questionnaire within 28days of the close of pleadings - Court issues directions on the management of the case and fixes a timetable for each step in process> a case management conference may be timetabled to fix a timetable for each step in the processes 5) Exchange of witness statements and filing of experts’ report 6) Other interim remedies Include interim payments, strikeouts for delay, security for cost, and below - Interlocutory injunctions 訴訟禁制令 7) Settlement - civil disputes that have proceeded to litigation are settled before trial 8) Listing for trial - P files an application to set the case down for trial, pays the fees and lodges a raft of document 9) Trial - Stress the principle of orality - Hearing is open to the public – open court 10) Remedies - If P won> obtain a “judgment for the P” which usually award remedies entitled to by P( CFI: damages, declaration, injunction, specific performance…) 11) Civil appeals Litigation Costs Indemnity principle: loser pays a large proportion of the costs of the winner (lawyer’s fees) - Court usually order the payment to formal the event Prevent a worthy P being deterred from pursuing legal remedies by the cost of litigation, knowing his fee will be recoupled Language issue Both English and Chinese are HK official language - A judge is allowed to select either language or both( must give consideration to the “just and expeditious disposal of the proceedings”) - Parties, legal representatives, witnesses may use either eng or Chinese or both Sinoearn International Ltd v Hyndai-CCECC Joint Venture (2013) 16 HKCFAR Ribeiro PJ Rules of HC Igal Dafni v CMA CGM SA [2013] 2 HKLRD 73 (CFI) Official Languages Ordinance (Cap. 5)
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- If judge already selected> any document admitted as evidence not in that language must be accompanied by a certified translation - HK is so far the first and only CL jurisdiction where CL judgement can be written in the Chi lang - Few judgement written in Chi are of precedential value and those of any jurisprudential importance is translated into Eng, the language is still predominantly used in cases involving difficult q of law - Judgement in Chi mainly concern Q of fact, thorough discussions of law are rarely found in them - Eng predominate( huge body of precedents available only in eng, presence of overseas non-permanent judges-> CFA proceedings that feature the most important legal issues in HK remain completely in eng, a lot of CL technical term are hard to express concisely in non-eng lang) Madam Justice Kwan, Justice of Appeal (2011) ADR Arbitratio n BG - A consensual dispute resolution process based on parties’ agreement to submit their disputes for resolution to an arbitral tribunal (1-3 independent arbitrators appointed by or on behalf of the parties) - Intended to be a relatively inexpensive mode of ADR that creates streamlined, confidential, fair, and final solution to disputes - parties can consent to arbitration by inserting arbitration clauses in their contracts/ separate submission agreements -
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