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12.1
Interim remedies generally
This Proposal canvasses adoption of CPR 25 and its accompanying practice direction
which, as discussed in the Interim Report, are aimed at consolidating into one Part, the
rules and practice bearing on a range of interim orders which a court may make.
These include interim injunctions, Mareva injunctions, Anton Piller orders, orders for
the detention, custody, preservation and inspection of property, and the like.
The Proposal elicited few responses. The Law Society considered that it was not a
necessary reform.
For the reasons which follow, the Working Party agrees and has
decided not to recommend its implementation.
(a)
While CPR 25 may be appropriate in the context of an entirely new procedural
code using new nomenclature and language, such considerations are
inapplicable here.
(b)
The changes effected by CPR 25 are minor. The legal principles governing
applications for and the grant of such interim orders are to be found in the case-
law and to some extent in statutes which are generally unaffected by the
changes. Most of the procedural provisions mirror those already found in the
RHC.
Forms in use in Hong Kong for Mareva injunctions and Anton Piller
orders can already be found in a published practice direction.
(c)
In the circumstances, the benefit to be derived from adopting CPR 25 would be
slight and does not appear to justify the effort which adoption of CPR 25 would
require of users of the civil justice system. However, certain specific measures
discussed below may be useful additions to the RHC.
Recommendation 44: Proposal 16 (for introducing a rule to consolidate
various rules relating to interim relief) should not be adopted.
Notes
On the other hand, the BCC, a firm of solicitors and an individual respondent indicated support for
the Proposal although the first of them said such support was "tentative".
In RHC O 23 (security for costs), O 29 (interim injunctions, interim preservation of property, interim
payments etc) and O 43 (interim accounts).
PD 11.2, Mareva Injunctions and Anton Piller Orders.
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