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K11. Specialist Lists
| 371. | The case management needs of particular types of cases may differ, especially in relation to cases requiring a specialist judge. In Hong Kong, this is to some extent provided for by the establishment of specialist lists. Pursuant to Order 72 of the HCR, cases falling within the relevant classes are assigned to four specialist lists, namely, the Commercial, Construction and Arbitration, Administrative and Constitutional and the Personal Injuries Lists. Admiralty proceedings are also subject to special regulation under Order 75. Contentious Probate Proceedings, which are rare, are dealt with in accordance with Order 76. Companies Winding-up, Bankruptcy and Matrimonial Causes cases proceed according to Rules made under relevant Ordinances. (Note 322) |
| 372. | The need for specialist courts to modify CPR procedures to suit the needs of their case-loads is recognized by CPR 49 in relation to admiralty, arbitration, commercial and mercantile, Companies Act and contentious probate proceedings, as well as for the business of the Patents Court and the Technology and Construction Court. The CPR are made applicable subject to the provisions of relevant Practice Directions which apply in such proceedings. |
| 373. | To take the Commercial Court by way of illustration, a Practice Direction has been issued (Note 323) which, among other matters, defines "commercial claims" and prescribes that the practice of the Commercial Court to be followed as from 26 April 1999 (when the CPR came into operation) should be as set out in the Commercial Court Guide (which was prepared with the approval of the Judges of the Commercial Court). |
| 374. | The Commercial Court Guide sets out in detail how the CPR are to apply in the context of the Commercial Court. In some instances, provisions of the CPR are disapplied and in others, additional requirements are imposed. (Note 324) |
| 375. | It would appear sensible for the HKSAR to make similar provision preserving a degree of procedural autonomy for specialist lists if general reforms are to be adopted. Readers are consulted on the desirability of such a proposal: Proposal 21. |
| 376. | Another suggestion is that consideration should be given to establishing further specialist lists in relation to classes of proceedings which may benefit. It has, for instance, been suggested by the LRCWA that thought be given to the establishment of special lists for complex cases and for unrepresented litigants. One could think of other possible lists, such as a list for cases where group litigation orders (discussed below) have been made. Readers are consulted on whether the establishment of further specialist lists should be explored: Proposal 22. |
Notes
| 322 | Although in some of these lists, the judge is given charge of all interlocutory applications, eliminating hearings before the master, they do not operate as full docket systems since the judge is not given full control of timetabling and firm trial dates are not fixed early in the proceedings. <back> |
| 323 | Practice Direction - Commercial Court, White Book Vol 2, 2C-3. <back> |
| 324 | The Commercial Court Guide is set out in the White Book Vol 2, 2C-15, et seq. It can also be read and downloaded from the LCD's Website. Other Guides issued include the Chancery Division Guide, the Queen's Bench Guide and the Mercantile Courts Guide. <back> |
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