What is civil litigation? It is the process in which civil matters are resolved in the court of law. It is often referred to as civil procedure. Civil litigation is said to encompass and deal with relationships between individuals or organisations for example, marriage or contract disputes; compensation may be awarded to the winning party. It is separate and distinct from criminal litigation, which deals with matters between the individuals and the HKSAR.
Generally, any person may sue or be sued in Hong Kong courts subject to applicable procedural rules.
All causes of action vested in or against an individual survive the death of that person for the benefit of or against the state
An unsuccessful party to an action will pay the costs of the successful party.
An application for judicial review can only be made with leave of the court and must be made within three months from the date when the grounds for the application first arose unless the court is satisfied there are grounds for an extension of time.
The court may make an order for examination on oath of any person before a judge, officer or examiner of the court or some other person.
After close of pleadings, each party to the action must disclose all documents which are or have been in its possession, custody or power relating to matters in question in action.
Exceptions are:
Actions in contract or tort must be brought within six years from date on which cause of action accrued.
Claims for damages for personal injuries must be commenced within three years from date of event from which injuries arose.
Claims for land including claims to secure land or money secured by mortgagee must be brought within 12 years.
