LLC v LMWA and Another

On 22 March 2019, the Court of Appeal issued its judgment in LLC v LMWA and Another CAMP 143/2018, 27 February 2019, [2019] HKCA 347 (“Judgment”).  In the Judgment, the Court of Appeal sets out its various observations on family litigation in Hong Kong, and its expectations of practitioners and of the Court.

Below is a non-exhaustive list of topics the Court of Appeal considers in the Judgment:

  1. Trials of preliminary issues;
  2. TL v ML [2006] 1 FLR 1263 procedures; and
  3. Mediation of family disputes under Practice Direction 15.10.

In particular, practitioners are reminded of their positive duty to engage in constructive settlement negotiations and to participate in alternate dispute resolutions processes, such as mediation, FDR and CDR in good faith.  This includes a proactive approach to resolve family disputes through effective and proportionate means.

Practitioners are reminded to be mindful that resources, including time, monies as well as energy, of the parties should not be disproportionately squandered away in litigation – especially where there are children in the family whose welfare should remain the paramount consideration.

The full judgment can be obtained here.

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