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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll