A paper given to the Society of Construction Law Hong Kong on 13 June 2002
In February 2000, Hong Kong's Chief Justice appointed a Working Party to review and recommend changes to the civil rules and procedures of the High Court. In November 2001, the Working Party published its Interim Report and Consultation Paper, recommending that Hong Kong adopt a system based on the Civil Procedure Rules ("CPR") of the English Courts.
The author discusses selected aspects of the CPR, provides an overview of how those reforms have been received by practitioners and clients, and extrapolates from two research studies lessons for Hong Kong.
Introduction – Background to the English CPR Reforms – Juridical Statistics from Lord Chancellor's Department – The English CPR Reforms – The Overriding Objective – The Pre-Action Protocol for Construction and Engineering Disputes – Alternative Dispute Resolution and the Overriding Objective – Experts and Expert Evidence – Disclosure of Documents – Offers to Settle – Lessons for Hong Kong.
The author: Jonathon Hosie is a partner with Hammonds in the UK, a Council Member of the Society of Construction Law, the Chairman of the King's College Arbitration Club, a member of the Chartered Institute of Arbitrators and TeCSA, and a TeCSA accredited adjudicator.