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Clifford Chance

Clifford Chance

Briefings

Hong Kong Court of First Instance case casts spotlight on new Practice Direction on 'e-discovery' between parties

29 August 2014

Discovery of electronically created or electronically stored information in civil litigation (e-discovery) is a complex and often costly process. A new Hong Kong Practice Direction SL1.2 (Practice Direction) seeks to balance the playing field between parties in relation to the discovery of electronically stored information (ESI).


The Practice Direction, operative on 1 September 2014, provides new rules for the handling and disclosure of ESI between parties involved in civil litigation. Existing rules on discovery will continue to apply. Specific rules for e-discovery already exist in other common law jurisdictions, such as England and Wales , Australia  and Singapore .  The Hong Kong Practice Direction is largely drafted along similar lines to its UK equivalent . 


A recent Hong Kong Court of First Instance decision in Chinacast Education Corp v Chan Tze Ngon,  (Chinacast Education) focuses attention on the requirements placed upon parties and their lawyers in complying with the practical guidelines in the Practice Direction. This briefing highlights key features of the Practice Direction as well as observations made by the Court in Chinacast Education.

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