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ARTICLE · 08 APRIL 2010

Lessons from the CJR - Be Prepared!

Mayer Brown
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Before the recent Civil Justice Reform (CJR), it was much easier to join a party as a defendant to an action. In this case, the Plaintiff sought to join a party as an additional defendant two weeks before it was to be warned for trial.

Hong KongInsurance
Angela Yim
Angela Yim
Jane Lee
Jane Lee
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Originally published 8 April 2010

Keywords: CJR, Civil Justice Reform

Before the recent Civil Justice Reform (CJR), it was much easier to join a party as a defendant to an action. In this case, the Plaintiff sought to join a party as an additional defendant two weeks before it was to be warned for trial. The Court refused the application in accordance with the spirit of the CJR.

Background

The action proceeded in a normal manner and there had been two Checklist Reviews scheduled before the matter was to be set down for trial. Pursuant to the new Practice Direction 18.1, both parties filed their respective Questionnaires before each Checklist Review. On each occasion, the Plaintiff's handling solicitor confirmed in her Questionnaire that "the Plaintiff did not intend to add any party to the proceedings". Indeed, the Plaintiff's solicitors went further by filing a Consent Summons with the Defendant's solicitors and sought for the case be set down for trial. The

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