CJR Interim Report, Section E. Delays and The Hong Kong Civil Justice System, E1. The adverse effects of delay

E. DELAYS AND THE HONG KONG CIVIL JUSTICE SYSTEM

E1. The adverse effects of delay

88.

The aphorism that justice delayed is justice denied has obvious substance. The existence of a right is rendered merely theoretical if its enforcement takes so long that the relief comes too late to be of value. The claimant is in substance deprived of relief. Lord Woolf describes the adverse effects of delay in the civil justice system as follows :-

		"Delay is an additional source of distress to parties who have already suffered damage. It postpones the compensation or other remedy to which they may be entitled. It interferes with the normal existence of both individuals and businesses. In personal injury cases, it can exacerbate or prolong the original injury. It can lead to the collapse of relationships and businesses. It makes it more difficult to establish the facts because memories fade and witnesses cannot be traced. It postpones settlement but may lead parties to settle for inadequate compensation because they are worn down by delay or cannot afford to continue." ^{(Note 87)}

89.	Lord Woolf was referring generally to plaintiffs. But delays may oppress defendants just as much as they frustrate plaintiffs. The burden on an individual, psychological, financial and social, of having an action hanging over his head is substantial and well-recognized. A business facing a claim may lose customers, have its credit withdrawn and otherwise be damaged. Where the claim cannot be made good, it is essential from the defendants' point of view that it be disposed of as soon as possible.

90.	In many cases, the matters which cause delays, such as excessive engagement in interlocutory disputes, are also major contributors to unacceptably high litigation costs. It is therefore plainly crucial that the civil justice system in Hong Kong (as elsewhere) should be able to deliver a result efficiently and within a period that is reasonable in terms of the parties' needs.

Note

87	WIR, p 12, §30. <back>