header-logo header-logo

Fair treatment for small claim parties in Hong Kong?

01 July 2022 / Dr Ping-fat Sze
Issue: 7985 / Categories: Features , Profession , International
printer mail-detail
86385
Ping-fat Sze questions whether parties involved in small claims proceedings are fairly treated
  • Discusses contractual and tortious claims from the Small Claims Tribunal in Hong Kong.
  • Gives example of one building management dispute, suggesting adjudicator was at odds with legal authorities.
  • Suggests parties involved in small claims proceedings may not always be treated fairly and properly, especially where one of the parties is a resourceful entity.

In January 2022, the Civil Justice Council published its final report on the resolution of small claims in England. In order to deal with cases justly and at a proportionate cost, the working party chaired by Judge Barry Cotter QC made a number of recommendations. Most significantly, the parties are expected to resolve their disputes by mediation and in respect of claims of £500 or less, a refusal to do so may result in the claim being stayed, or the defendant deemed to have behaved unreasonably pursuant to the Civil Procedure Rules (CPR).

The Small Claims Mediation Service

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll