Litigation and Alternative Dispute Resolution

Contact: Vivien Chan & Co. (Hong Kong)

As a defendant, there is usually no incentive to rush the case for the plaintiff. In fact, unless there is a very good defence or where important business interests are at stake,

the defendant may only wish to invest minimal effort or resources in the hope that the litigation will eventually die out. This is particularly so where the plaintiff does not prosecute its case expeditiously. Sometimes, the plaintiff only finds out the claims are not sustainable after the litigation has commenced.

In the past, a defendant may allow an action to remain inactive for a long period of time followed by an application to strike out for want of prosecution. Following the Civil Justice Reform in 2009, the court has been less tolerant of delay and the litigation has to be conducted in accordance with a set timeline. It was initially thought that applications to strike out actions for delay would be more readily accepted post-Civil Justice Reform. However, a recent Court of Final Appeal decision suggests
otherwise. Click here to read entire article.