This is an application by the plaintiff for leave to appeal against an order made by the Honourable Mr. Justice Yam on 12 January 2010, in which the Honourable Mr. Justice Yam brought forward a quantum hearing originally fixed on 15 September 2010 to 18 January 2010.

In the present case, the plaintiff commenced proceedings against the defendant and claimed damages for personal injuries. Parties agreed that there would be a split trial of liability and quantum. The trial on liability took place in December 2008 before the Honourable Mr. Justice Yam, and the judgment was handed down on 9 January 2009.

Following various adjournments, the assessment of damages was fixed on 15 September 2010. On 12 January 2010, however, the Honourable Mr. Justice ordered that the quantum hearing be brought forward to 18 January 2010.

The defendant appealed against the order of the Honourable Mr. Justice Yam. The Court of Appeal set aside the order, and said that while Civil Justice Reform was designed to improve the administration of justice, the court “must also act with due consideration for the parties and their legal representatives” and “given the difficulties which Ms Lau has indicated, the short notice in this case is not acceptable”.

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This article is available in [2009] 21 CJRA.