FAQ

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  • 常見問題

常見問題

Q1.What is a civil action?
A civil action involves the legal rights and obligations of two or more individuals (or organizations). If the parties involved cannot resolve their dispute among themselves, either party may initiate civil proceedings to seek an independent and impartial court or tribunal to determine whether the legal rights of the parties involved have been violated. If so, the victim may seek appropriate compensation and remedies.
Q2.How do I commence a civil action?
To commence a civil action, you can file a writ of summons or originating summons in the District Court or High Court, or a court form issued by the Small Claims Tribunal, stating the name and address of the defendant, the nature of the claim, and the amount involved. When you file your claim at the court registry, you must pay the prescribed fee.
Generally speaking, if the claim amount does not exceed HK$75,000, you should file your claim in the Small Claims Tribunal. If the claim amount exceeds HK$75,000 but does not exceed HK$3,000,000, you should file your claim in the District Court. If the claim amount exceeds HK$3,000,000, you should file your claim in the High Court.
If you are unfamiliar with the relevant procedures, please contact us immediately for assistance.
Q3.How do I defend a civil action?
If you are the defendant and receive a Plaintiff's Writ of Summons (Originating Summons), this means you are being sued. You should complete an Acknowledgment of Service stating that you are defending the Plaintiff's action and file it with the Court within 14 days (including the date of service).
In Writ of Summons proceedings, you must file and serve your Statement of Defence on the Plaintiff within 28 days before the expiration of the time limit for acknowledging the Plaintiff's Writ or within 28 days after the Statement of Claim is served on you, whichever is later.
If you are unsure how to proceed, please contact us immediately for assistance.
Q4.How do I prepare for trial in a civil action?
After the parties have filed their statement of claim, defense (and counterclaim, if any), and answer (and defense to counterclaim, if any) with the Court, they must present their evidence to the Court to prove their case at the trial.
To ensure your rights are fully protected, we recommend that you contact us immediately.
Q5.Can I file for or proceed with a settlement?
Any party may file for a settlement at any time, including during ongoing litigation.
However, to avoid any adverse claims arising during the settlement process and to ensure that your rights are fully protected, we recommend that you contact us immediately.
Q6.How is a trial date set, and what happens during the trial?
Generally, an application to set a case for hearing is made at a case management conference. If a party requests the court to set a trial date, they should file a scheduling questionnaire with the court and serve it on the other parties, along with a certificate. The certificate should include the estimated time required for each part of the proceedings (but not the estimated time required for the other parties):
• Your opening statement
• Examination-in-chief of each of your witnesses
• Cross-examination of each of the other party's witnesses
• Your closing statement
The certificate is best prepared by the legal representative who will appear at the trial. If you require legal representation, you can contact us.
Q7.If I lose the trial, can I appeal?
Yes。
Any party to a civil action in the District Court who is dissatisfied with the judge's decision may apply to the judge for leave to appeal. The application for leave to appeal must be made within 28 days of the day following the judgment or order. If the application is refused by the judge, the applicant may apply to the Court of Appeal for leave to appeal within 14 days of the refusal.
You do not need to apply for leave to appeal if you are appealing from the Court of First Instance of the High Court, except for appeals solely on a question of costs. Appeals must be made within 28 days of the day following the judgment or order of the Court of First Instance.
Generally speaking, because appeals involve further arguments on relevant points of law, outsiders may not be able to handle them. You should hire a lawyer to handle appeals.
Q8.I won my civil case, and the court ordered the other party to pay my legal costs. Can I recover all my legal fees?
Generally speaking, the maximum the court will order the other party to pay is approximately 70% of your legal costs.
Q9.I won a civil action. How can I enforce the judgment?
The court will not enforce the judgment on your behalf. Therefore, you will not automatically receive the remedies sought in the legal process, such as compensation. You must decide when and how to enforce the judgment, and the method of enforcement depends on the type of assets.
To save time and protect your rights, we strongly recommend that you hire legal representation to assist you.
Q1.I encountered financial hardship after commencing legal proceedings. Can I still proceed with the lawsuit?
Yes. If you qualify, you can apply for legal aid. If you need assistance, please contact us.
Q2.I don't have sufficient funds. Can I defend myself in the lawsuit?
Of course. Each party has the right and the ability to defend themselves. Furthermore, if you qualify, you can apply for legal aid. If you need assistance, please contact us.
Q3.Can I only pay the legal fees if I win the case?
According to the Professional Rules of Practice set by the Law Society of Hong Kong, we cannot arrange such a fee arrangement.
If you are experiencing financial hardship and meet the eligibility requirements, you can contact us to assist you in applying for legal aid.
Q4.How much will my case cost approximately?
Since each case is unique, we can't provide a general estimate.
Please contact us to discuss the specific details and we'll provide you with a preliminary estimate.
Q5. What is mediation? Is participation mandatory?
Mediation is a voluntary process in which parties negotiate before a neutral third party, the mediator. During mediation, the mediator assists the parties in resolving their dispute. Upon successful resolution, the parties sign a binding agreement.
Q6.I won in na civil action. Will the other party pay my legal fees?
Generally speaking, the court will order the losing party to pay the majority of the winning party's costs, usually 70%.
Q1.Does a civil action necessarily result in monetary compensation?
Not necessarily. Monetary compensation is one form of compensation, but non-monetary compensation can also be sought, such as fulfillment of a contract, return of property, and cessation of the contract.
Q2.I have all the evidence to prove the other party's fault. Will I definitely win the lawsuit?
Not necessarily. The court will also consider other factors, including whether the lawsuit was filed within the time limit.
The court will ultimately decide whether the evidence proves the other party's fault.
To ensure your rights are best protected, you should seek legal assistance.
Q3.If I've filed a civil action against someone and they continue to ignore it, what can I do?
You can apply for a default judgment in court.
If you need assistance, please contact us.