Hong Kong Civil Procedure 20210113 PDF

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Hong Kong Civil Procedure 20210113Automatic DiscoveryList of documents What docs you have What you objects Used to have the docs and no longer have State what happened to the docs that you do not have now Apart from those docs, I do not have any more docs of any description relates to this matter. E...

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Hong Kong Civil Procedure 20210113 Automatic Discovery List of documents 1. 2. 3. 4. 5.

What docs you have What you objects Used to have the docs and no longer have State what happened to the docs that you do not have now Apart from those docs, I do not have any more docs of any description relates to this matter. Everything is in this documents

Relating to matters in question Peruvian Guano case Documents exempted from production Privilege against self-incrimination – in criminal proceedings only not in civil proceedings, if the documents is not benefit to you in civil way not criminal way, you still need to disclose, rarely apply in civil proceedings Public interest immunity – only applies to people who are government, not common in civil proceedings Statutory secrecy – prohibited in ordinance, rarely apply in civil proceedings Legal professional privilege Legal advice privilege – public interest thing, confine my lawyer, anything confine my lawyer is confidential such that your lawyer can assist you. I can freely tell my lawyer what my case is about so they can help me. Trust between lawyer and client. Conversation in dinner about my case is privilege, but the invitation to the dinner is not privilege. Litigation privilege –

Without prejudice communications Both have all the information, do need to disclose to the other side, they already have it You don’t product them, because you don’t want the court to know our communication, so don’t jeopardize my position to court The communication is only between and the other side Specific discovery - You think the opposing side have the doc that does not disclose - Specify what document is - What is the issue of this document that relates to the case

Pre-action discovery Another form asking other side to give you documents Application is to that party, you know that party, that party is involved in that subsequent proceedings Against to a person who is likely to the proceedings in subsequent Applications under sec 41 and 42 of … The court will only make the order if it is really necessary Interrogatories – not examine Other interlocutory applications Can happen throughout the course of time in your timeline if the need is required, during pleadings, discovery, expert report stage Protects rights and interest pending trial Procedure Ex parte hearing – your opponent is not here When I representing my client in ex parte application, I need to disclose what my opponent is likely to oppose in order to give the court a whole picture of what the case is about Need to present the likely argument what my opponent may raised Standard Chartered Securities Court still discharge the injunction although the lawyer were not deliberately to fail to disclose all information Defendant will still get an opportunity to be heard but later Application for extension of time Order 29 rule 8 RHC Court is issuing the injunction only and not hearing the case American Cyanamid Co Balance of conveniens Will it quickly compensate the plaintiff or defendant? Lord Diplock – know the basic rule and try to apply to the fact of the case, no whole list of right or wrong

Fast-link Express Ltd v Falcon Court will look at these three basic things in granting injunction Serious issue to be tried – if your injunction will put an end to the matter, serious issue to be tried is not enough. If the court grant interlocutory application, it means the defendant needs to change the name. Actually you do not need a trial anymore, making the trial redundant. Balance of conveniens Plaintiff gives undertaking

Proper identification of issues and preparation for trial...