This is an application for leave to appeal against the judgment of the Honour Judge Lok dated 21 August 2009. This case involved a bitter litigation between a firm of solicitors and its former client.

The plaintiff commenced an action against the defendant in October 2001 for unpaid legal fees. The trial took place in March 2009. It lasted for five days, and was attended by two Senior Counsels. On 21 August 2009, the Honour Judge Lok handed down his judgment. He granted judgment for the plaintiff for the outstanding legal fee in the amount of HK$71,449.95, together with costs. 

In his judgment, the Honour Judge Lok commented that “it is regrettable that the parties have not had the good sense of trying to resolve their dispute by a more cost-effective means. The costs of this case over 9 years far outweigh the amount at stake, and yet the parties have chosen the most expensive way to resolve their dispute“.

The case, however, was not put to rest by the judgment of the Honour Judge Lok. The defendant applied to the Court of Appeal for leave to appeal. Such an application was dismissed by the Honourable Mr. Justice Rogers VP. The Honourable Mr. Justice Rogers VP commented that “this is clearly the sort of litigation which the Civil Justice Reform was designed to prevent“.

CJR Alerter: For full analysis of this case subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.

This article is available in [2009] 21 CJRA.