HK fraud claims accessible to summary judgment

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HK fraud claims accessible to summary judgment

Since 1 December 2021, the Rules of the High Court (Cap. 4A) and the Rules of the District Court (Cap. 336H) have been amended to abolish the fraud exception rule in Hong Kong. The amendments have enlarged the scope of summary judgments to cover an action begun by writ, which includes a claim based on an allegation of fraud.

Upon the implementation of the legislative changes, a party with a claim based on an allegation of fraud will be able to apply for summary judgment at an early stage of the proceedings without a full trial, on the basis that the other side has no defence. This change is welcome as it provides a litigant with a more time-efficient and cost-effective way to dispose of legal proceedings.

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Business Law Digest is compiled with the assistance of Baker McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker McKenzie by e-mailing Howard Wu (Shanghai) at howard.wu@bakermckenzie.com

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