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Procedural autonomy is perhaps most well-developed in the Personal Injury List
which has established a sophisticated practice direction
which, in certain respects,
already puts into operation some of the reforms discussed in the Interim Report.
(a)
Thus, a pre-action protocol is in effect already in place, with the plaintiff being
required to send a letter before action conveying essential information about the
claim and the claimant
no later than four months before issuing the writ, there
being potentially adverse costs consequences if this is ignored.
(b)
The potential defendant is likewise required to respond constructively and, if
liability is denied, to give reasons.
(c)
A "cards on the table" approach is very much adopted in relation to the
pleadings, with the practice direction requiring documents which bear on both
liability and quantum to be served with the pleadings.
(d)
Measures are taken to discourage unnecessary interlocutory applications and to
monitor costs, discouraging the incurring of unwarranted or disproportionate
costs. Thus, at the conclusion of interlocutory hearings, the parties are required
to supply "a short statement as to the costs of and occasioned by the application
so that the Master or Judge may make an order ...... for assessed costs, payable
forthwith."
Notes
and Arbitration List.
A prescribed form is at HKCP 2002, PD18.1/20.
PD 18.1.8.3. By PD 18.1.12, the judge or master may make similar costs orders where there has
been undue delay, default, unnecessary applications, and vexatious, frivolous or unmeritorious
opposition to applications.
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