It is often difficult to estimate the exact amount of the compensation that a person may get from a successful personal injury claim as the circumstances of every case are different. It is best to consult a lawyer on how to commence a claim for damages and calculate the amount of the claim. Common elements … Read more
Personal injury proceedings are generally governed by Practice Direction 18.1. Parties are always encouraged to settle their cases by methods other than litigation, such as mediation, negotiation and without prejudice correspondence. Litigation should be the last resort in a dispute. Common legal procedures in personal injury proceedings There are some common legal procedures in personal … Read more
When a person gets injured as a result of an accident, it can be considered a personal injury. Personal injuries are not limited to physical harm as they also include psychological harm. If you have suffered injury as the victim of an accident caused by another party’s fault, you may claim compensation by initiating a … Read more
When a person gets injured as a result of an accident, it can be considered a personal injury. Personal injuries are not limited to physical harm as they also include psychological harm. For instance, a victim may suffer from Post-Traumatic Stress Disorder due to the distressing nature of the accident. Common examples of personal injury … Read more
There are several ways in appointing arbitrators or mediators. This will depend on the circumstances that the parties are in. Arbitration is principally based on consent. Parties must agree on the appointment of arbitrators. This is similarly applicable to the appointment of mediators. Parties are free to agree on the appointment procedures as well, depending … Read more
Alternative Dispute Resolution is a voluntary process where parties appoint a neutral third party to aside disputes between them, other than going to the court. This process is usually private. There are many forms of ADR. Mediation and Arbitration are by far the most frequently used forms of ADR. Other ADRs include inquiry, good offices, … Read more
Arbitration is a quasi-judicial process. It differs from traditional forms of dispute resolution in courts. This article will provide you a step-by-step guide into the arbitration process. Agreement to arbitrate An arbitration agreement is usually incorporated as part of the contract as an arbitration clause. If there is no arbitration clause, parties may also conclude … Read more
Although arbitration does have some advantages over traditional routes of pursuing a remedy, it is far from perfect and it has many inherent flaws. The Double-Hatting Problem Double-hatting is when an individual takes on the role of an arbitrator and a legal representation simultaneously in different cases. This is a serious problem for International Arbitration. … Read more
In Arbitration or Mediation proceedings, it is not in the interest of the parties to have any legal representations due to its high costs. This article analyses the advantages of having legal representations in these proceedings. Strictly speaking, it is optional to have legal representation in arbitration or mediation proceedings. The procedures for arbitration can … Read more
In Hong Kong courts, parties to legal proceedings are entitled to represent themselves. While they have the right to legal representation (as guaranteed by the Basic Law), they can also choose not to be represented by a lawyer. Those who choose to represent themselves are referred to as Litigants in Person (LIPs). Lawyer-representation VS self-representation … Read more