A paper given to the Society of Construction Law Hong Kong in Hong Kong on 20 April 2004
The Final Report on Civil Justice Reform was released on 3 March 2004. It set out 150 recommendations for reforms to the civil justice system. Many of the Final Report's recommendations are not specific to the Construction and Arbitration List ("the List"), but apply to the handling of cases generally.
The author reviews the Final Report with particular reference to how it may affect the List. The author notes the Report's underlying objectives, and the importance of judicial case management before turning to particular recommendations including the possibility of pre-action protocols in specialist courts; and key recommendations in relation to "sanctioned offers"; summonses for directions; timetabling, and the extent to which changes should be made to the existing procedures in the List; the examination of witnesses; and expert witnesses.
The author: the Honourable Mr. Justice Anselmo Reyes is a High Court Judge and the Judge in charge of the Construction and Arbitration List.