Q1: Which courts handle civil disputes in Hong Kong?

A1: Hong Kong's civil courts include:

• the District Court,
• High Court (Court of First Instance and Court of Appeal), and
• Court of Final Appeal.

The District Court deals with various civil claims, while the High Court has unlimited jurisdiction, including money claims over HK$3 million.

Q2: What are the deadlines for bringing a claim?

A2: Limitation periods under the Limitation Ordinance apply. For contract claims, it's generally 6 years, while personal injury claims have a 3-year limit from the date of the accident. Special circumstances may extend these periods.

Q3: How are civil court claims initiated?

A3: Civil claims start through a writ of summons, originating summons, originating motion, or petition. Writs, often with a Statement of Claim, are served to defendants, who then acknowledge within 14 days if they intend to defend.

Q4: What happens after issuing a writ or originating summons?

A4: After service, the defendant has 14 days to acknowledge and, if needed, the plaintiff must file a Statement of Claim within 14 days. Both parties exchange documents and proceed with the court's directions.

Q5: Can early judgment be obtained?

A5: Yes, if the defendant’s Defence is not credible, the plaintiff can apply for summary judgment. If contested, the matter proceeds to trial; if successful, the applicant gets a judgment.

Q6: What follows the close of pleadings?

A6: After closing pleadings, parties exchange lists of documents and attend a directions hearing. The court issues directions for document exchange, witness statements, and, if needed, expert reports.

Q7: Is settlement possible before trial?

A7: Yes, parties are encouraged to mediate. Refusal to mediate without reasonable cause may lead to adverse cost orders. Settlements can occur at any time until trial conclusion.

Q8: What is mediation?

A8: Mediation is a voluntary process facilitated by a mediator to help parties reach a settlement. It's informal, confidential, and typically lasts half a day to a full day.

Q9: What if I win at trial?

A9: Winning parties may receive the judgment sum, but enforcement may be needed. Methods include winding up a company, garnishee proceedings, examination of the judgment debtor, prohibition orders, or writs of execution to seize assets.

Q10: Are there different types of claims heard in the District Court?

A10: Yes, the District Court handles various claims, including contract, quasi-contract, tort claims within the range of HK$75,000 to HK$3 million. It also deals with tenancy cases, recovery of rental arrears, and claims in equity, among others.

Q11: What types of cases fall under the High Court's Court of First Instance?

A11: The Court of First Instance hears money claims of HK$3 million or above, claims falling outside the District Court's jurisdiction, and exclusive matters like judicial review, winding up, and bankruptcy.

Q12: Can a party apply for an extension to serve the writ?

A12: Yes, if the writ is not served within 12 months, an extension from the court is required. Accompanying acknowledgment of service forms should be provided during service on the defendant.

Q13: How long does a defendant have to file an acknowledgment of service?

A13: The defendant has 14 days, including the day of service, to file an acknowledgment of service after receiving the writ or originating summons.

Q14: What happens if a defendant intends to defend the claim?

A14: If the defendant files an acknowledgment of service and intends to defend, the plaintiff, within time limit after the acknowledgment of service, must file and serve the Statement of Claim.

Q15: Can a defendant contest a summary judgment application?

A15: Yes, if the defendant contests the application successfully, the matter proceeds to trial. Otherwise, the applicant is awarded judgment.

Q16: How long does the mediation process typically last?

A16: Mediation usually lasts half a day or a full day, depending on the complexity of the dispute. It is a voluntary, confidential process aimed at facilitating a settlement between parties.

Q17: What happens if the losing party refuses to attempt mediation?

A17: If a party unreasonably refuses mediation, the court can make an adverse costs order against that party. Parties can still agree to settle at any time up to the conclusion of the trial.

Q18: How is a judgment enforced against a company?

A18: For a company, a judgment creditor may issue a petition to wind up the company. If against an individual, the creditor may petition to declare the individual bankrupt.

Q19: What is a prohibition order in the context of civil litigation?

A19: A prohibition order prevents a judgment debtor from leaving Hong Kong. It can be applied for by the judgment creditor to ensure the debtor remains within the jurisdiction.

Q20: How long does a party have to enforce a judgment?

A20: Enforcement of a judgment should be pursued without undue delay. Specific methods, such as writs of execution or bankruptcy petitions, have their timelines and procedures for implementation.

Q21: Can the District Court hear cases related to matrimonial issues?

A21: Yes, the District Court handles matrimonial cases, including divorce, maintenance, custody, and adoption of children.

Q22: What types of cases does the Court of Appeal in Hong Kong handle?

A22: The Court of Appeal hears civil and criminal appeals from the District Court and the Court of First Instance, as well as appeals from statutory bodies such as the Lands Tribunal.

Q23: Is there a limitation period for personal injury claims in Hong Kong?

A23: Yes, the general limitation period for personal injury claims is 3 years from the date of the accident, or the date of knowledge of the injury by the plaintiff, whichever is later.

Q24: How are experts' reports considered in civil litigation?

A24: After the close of pleadings, the court may consider the necessity for experts' reports. Parties are directed to file and exchange these reports within a specified period if applicable to the case.

Q25: What are garnishee proceedings in the context of civil litigation?

A25: Garnishee proceedings allow a judgment creditor to recover a debt directly from a third party, such as a bank, which owes money to the judgment debtor.

Q26: Can a judgment debtor apply for a prohibition order against the judgment creditor?

A26: No, a prohibition order is typically sought by a judgment creditor to restrict the judgment debtor from leaving Hong Kong.

Q27: How can a party apply for summary judgment in civil litigation?

A27: To apply for summary judgment, the plaintiff needs to demonstrate that the defendant's Defence is not credible, and the matter is relatively straightforward. The defendant can contest the application.

Q28: Are there alternatives to going to trial in civil litigation?

A28: Yes, parties are encouraged to engage in mediation as an alternative dispute resolution process. If mediation is unreasonably refused, the court can make an adverse costs order.

Q29: Can a court enforce an agreement reached during mediation?

A29: Yes, if parties reach a settlement during mediation, the terms can be recorded in a legally binding agreement, which the court can enforce.

Q30: What is the purpose of filing and exchanging lists of relevant documents after the close of pleadings?

A30: After the close of pleadings, parties exchange lists of relevant documents they possess or control. This process ensures transparency and helps prepare for trial by outlining the evidence each party intends to rely on.