CJR Consultation Paper on Proposed Legislative Amendments, Annex C, Section 5

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CJR - Consultation Paper on Proposed Legislative Amendments, Annex C

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Civil Justice Reform
Recommendations Requiring Amendments to Primary Legislation

The Steering Committee has identified that 21 recommendations in the Final Report on CJR require amendments to primary legislation. These 21 recommendations, the statutory provisions affected and the relevant clauses in the Draft Bill at Annex A are tabulated below.

Item No.

Recommendations

Statutory Provisions Affected

Relevant Clauses


Section 5:	Pre-action protocols Recommendation 9

Recommendation 9
A procedure should be introduced to enable parties who have settled their substantive dispute to bring costs-only proceedings by way of originating summons and subject to practice directions, for a party-and-party taxation of the relevant pre-settlement costs.

High Court Ordinance ("HCO") (Cap. 4) :

Sections 52A and 52B

District Court Ordinance ("DCO") (Cap. 336) :

Section 53

Small Claims Tribunal Ordinance (Cap. 338) :

Schedule

Lands Tribunal Ordinance ("LTO") (Cap. 17) :

Section 8

N.B.
Rules of the High Court ("RHC") (Cap. 4A) also affected. See Item No. 8 of Annex H.

Clauses 2-3

Clauses 4-5

Clause 23

Amendments to be made to make it clear that the Lands Tribunal shall not have jurisdiction to hear costs-only proceedings.