PD22.1 Intellectual Property List

PRACTICE DIRECTION 22.1

INTELLECTUAL PROPERTY LIST

A. INTRODUCTION

 

1. The function of the Intellectual Property List (“the List”) is to facilitate the disposal of Intellectual Property Proceedings.

 

2. For guidance on matters which are not specifically dealt with below, practitioners should consult Practice Directions relating to General List cases.

3. For the purpose of this Practice Direction, “Registrar” shall mean the Registrar of Patents, the Registrar of Trade Marks or the Registrar of Designs depending on the nature of the proceedings.

 

 

B. INTELLECTUAL PROPERTY LIST

 

4. For the purpose of this Practice Direction, “Intellectual Property Proceedings” include civil proceedings in the Court of First Instance relating to (but not necessarily solely relating to): 

 

(a) an application, an appeal, a claim, or a reference of a question made in respect of a trade mark under or for the purposes of the Trade Marks Ordinance (Cap. 559) (“TMO”);

 

(b) claim for passing-off;

 

(c) an application, an appeal or a claim made under the Copyright Ordinance (Cap. 528);

 

(d) an application, an appeal, a claim, or a reference of a question or dispute made in respect of a design under or for the purposes of the Registered Designs Ordinance (Cap. 522) (“RDO”);

 

(e) an application made under the Layout-design (Topography) of Integrated Circuits Ordinance (Cap. 445) or a claim made in respect of a protected layout-design (topography);

 

(f) an application, an appeal, a claim, or a reference of a question or dispute made in respect of a patent under or for the purposes of the Patents Ordinance (Cap. 514) (“PO”);

(g) an application, appeal or claim made under the Plant Varieties Protection Ordinance (Cap. 490);

 

(h) an application, appeal or claim made in respect of foreign intellectual property;

 

(i) a claim in respect of which it would be advantageous to the proper conduct thereof that the proceedings should be commenced in or transferred to the List.  Examples may include claims which involve technical trade secrets, domain names, complicated knowhow relating to life science, chemical processes, telecommunications, computer and internet matters and transactions involving the transfer, licensing or restriction of the use of intellectual property rights, etc; and

 

(j) contempt proceedings arising from any of the proceedings above.

5. There shall be a Judge (“the Judge”) in charge of the List.  Other judges (“Designated Judges”) may also be designated to hear Intellectual Property Proceedings from time to time.

 

6. The Judge shall have control of the matters in the List and of the interlocutory applications therein and may make such directions and orders regulating the conduct or trial of such matters as he thinks fit.  Unless the Judge or a Designated Judge otherwise directs, a Master of the Court may also deal with the following matters in relation to proceedings in the List:

 

(a) orders by way of settlement, except (i) settlement of procedural disputes; and (ii) where the settlement involves declaratory relief;

 

(b) applications for extension of time;

(c) other matters as directed by a judge of the Court; and

(d) enforcement of money judgments.

 

7. The Judge may issue general directions for the better regulation of the List and for this purpose may form a consultative committee of legal practitioners.

 

8. The powers of the Judge shall, when necessary, be exercisable by another judge.

9. A plaintiff or an applicant proposing to enter an action in the List shall prominently mark on the face of his originating process the words “Intellectual Property List”.

 

10. At any stage of any proceedings, where the Court is of the view that the proceedings should be transferred to the List, it may, whether upon a party’s application (as to which see paragraph 12 below) or on its own motion, order for such a transfer.

 

11. At any stage of any proceedings, where the Court is of the view that the proceedings should be removed from the List, it may, whether upon a party’s application (as to which see paragraph 12 below) or on its own motion, order for such a removal.

 

12. Where any party wishes to apply for an order referred to in paragraphs 10 or 11 above, the following shall apply:

 

(a) The applying party should first discuss with all the other parties to see if they consent to the application.  If they do, any party may apply to have the case transferred to or removed from the List.  Such application shall be made by letter signed by the solicitors of each party (or in the case of an unrepresented party, by that party) with grounds in support and addressed to the Judge.  The letter to the Court should indicate that the application is made by way of consent by all the parties.

 

(b) If the application is opposed, the applying party should, as soon as practicable, apply to the Court in writing with grounds in support.  The letter to the Court (addressed to the Judge) should identify the party who consents to the application (if any) and the party who does not.  The opposing party should write to the Judge within 14 days after the application is taken out (or such other time as the Court may direct), stating his grounds in opposition. The Court will deal with the application on paper without an oral hearing unless otherwise directed.  All documents lodged shall be served on all other parties to the proceedings.

C. PRE-COMMENCEMENT ADVERTISEMENT

 

13. Under Order 103, rules 7, 11, 14, 16, 19 and Order 122, rule 8 of the Rules of the High Court (Cap. 4A) (“RHC”), the intending applicant / plaintiff is required to publish a specified advertisement in the Gazette before commencing proceedings.  If the intending applicant / plaintiff fails to commence the proceedings within the period concerned upon the receipt of a notice of intention to oppose from an intending opponent, he is required to publish a new advertisement (as defined therein), and send a copy of such advertisement to the aforesaid intending opponent.  The new advertisement should be accompanied by a letter addressed to the intending opponent(s), covering the following information:

 

(a) date of the previous advertisement published in the Gazette;

 

(b) date of the notice of intention to oppose sent by the intending opponent; and

(c) a statement to draw the intending opponent’s attention to the consequence of failing to send a fresh notice in response to the new advertisement.

D. COMMENCEMENT OF PROCEEDINGS

 

D.1 Commencement of proceedings by way of originating summons in Form No. 8 or 10

 

14. For inter partes proceedings that may be commenced by originating summons in either Form No. 8 or 10 under Order 100, rules 3(1)(b) and 4(1)(a), Order 103, rule 3(1) or Order 122, rules 3(1) and 10(1)(a) of the RHC, unless the Court directs otherwise:

 

(a) the following proceedings should be commenced by way of Form No. 8:

 

(b) the following proceedings should be commenced by way of Form No. 10:

                  

 

15. Practitioners should also refer to: (a) Order 100, rule 6 concerning trade marks, (b) Order 103, rule 25 concerning patents; and (c) Order 122, rule 7 concerning registered designs.  These provisions provide for the manner in which the applications specified in these rules shall be commenced.

 

D.2 Notice of proceedings

 

16. The written notice of proceedings required to be given by the applicant / plaintiff under Order 100, rule 4, Order 103, rules 5, 6, 9, 10, 13, 15 or Order 122, rules 5, 6, 10 of the RHC should include:

 

(a) details of the subject proceedings (e.g. the case number, names of the parties, date and time of upcoming hearing(s));

 

(b) a statement that the interested person(s) may, upon receiving the written notice, request a copy of the relevant Court papers (e.g. the writ / originating summons) and details of the upcoming hearings (if any) from the applicant / plaintiff; and

(c) the address for service of the applicant / plaintiff.

 

E. INTERLOCUTORY APPLICATIONS

 

17. Unless the Court orders otherwise, for all contested interlocutory applications listed for 30 minutes or more, the parties have to prepare and serve the skeleton arguments, lists of authorities and hearing bundles in electronic form as provided for in Section K of this Practice Direction.

 

18. Unless the Court orders otherwise, (i) the applicant / plaintiff should lodge and serve the hearing bundles and skeleton arguments (with a list of authorities, if any) not less than 7 working days and 72 hours (excluding Saturdays, Sundays and public holidays) respectively before the hearing; and (ii) the respondent / defendant should lodge and serve the skeleton arguments (with a list of authorities, if any) not less than 48 hours (excluding Saturdays, Sundays and public holidays) before the hearing.

 

19. For interlocutory applications listed for less than 30 minutes (whether contested or otherwise), the Court is not expected to hear detailed legal arguments on the applications.  In case the parties wish to lodge skeleton arguments (with lists of authorities, if any) and hearing bundles to assist the Court, the skeleton arguments should not exceed 5 pages each.  These documents should be lodged and served in accordance with the time frame mentioned in paragraph 18 above and prepared in electronic form as provided for in Section K of this Practice Direction.

 

20. As far as reasonably practicable, any interlocutory application for injunctive relief in Intellectual Property Proceedings should be listed before the Judge or a Designated Judge.

 

21. In respect of post-grant amendment applications made by way of summons in pending proceedings under section 102 of the PO, to enable intending opponent(s) who have responded to the advertisement published in the Gazette (as required under Order 103, rule 24 of the RHC) to attend the hearing, the summons should be made returnable on a date to be heard after expiry of the period for intending opponents to send a notice of intention to oppose
(i.e. 42 days after publication of the advertisement in the Gazette).

 

F. CASE MANAGEMENT HEARINGS

 

F.1 Proceedings commenced by writ

 

22. A plaintiff should take out a summons for a 1^st Case Management Hearing before the Judge within 28 days after the close of pleadings.  In cases where no pleadings are required to be filed, the summons shall be taken out by the plaintiff at the same time when the proceedings are commenced.

 

23. Where the claim has been transferred from another list to the List, the plaintiff must apply for a case management hearing within 14 days of the date of the order transferring the claim, unless the court gave directions for a 1^st Case Management Hearing when it made the order transferring the claim.

 

24. Any party may, at a time earlier than that provided in paragraph 22 above, take out a case management summons under Order 72, rule 8 and/or Order 1B, rule 1 of the RHC, if there are reasons to seek speedy disposal of the matter.  In such case, the Case Management Hearing shall be treated as the 1^st Case Management Hearing.

 

25. If the plaintiff does not make an application in accordance with paragraphs 22 and 23 above, the defendant or any other party may apply for a 1^st Case Management Hearing.  In this regard, parties should observe and follow Order 25, rule 1.

 

26. Subject to any directions given by the Judge regulating the conduct of Intellectual Property Proceedings, not later than 7 days before the 1^st Case Management Hearing, each party to the proceeding shall lodge with the Clerk to the Judge, file with the Court and serve on the other parties a Timetabling Questionnaire in the form as per Appendix A of this Practice Direction.  The parties should also file the mediation certificate under Practice Direction 31 at the same time as the Timetabling Questionnaire.

 

27. Unless the Court orders otherwise, the plaintiff or the party who takes out the case management summons under paragraphs 22, 23 or 24 above must, in consultation with the other parties, prepare a case management bundle containing:

 

(a) the Writ;

 

(b) the pleadings;

(c) the parties’ Timetabling Questionnaires in the form as per Appendix A of this Practice Direction;

(d) any mediation certificates;

(e) the principal orders of the Court; and

(f) any agreement made by the parties as to discovery,

 

and provide copies of the case management bundle for the Court and other parties at least 4 days before the 1^st Case Management Hearing or any earlier hearing at which the Court may give case management directions.

 

28. In proceedings concerning patents or registered designs, the parties should lodge with the Clerk to the Judge and serve together with their timetabling questionnaire a copy of the specification(s) of the patent(s) or a copy of the representations(s) of the registered design(s) being sued upon and any pleaded prior art.  Further, in proceedings concerning patents:

 

(a) any party alleging infringement should also lodge with the Clerk to the Judge and serve on other parties a claim chart setting out which claims are alleged to be infringed and why; and

 

(b) any party challenging the validity of a patent should also lodge with the Clerk to the Judge and serve on other parties a claim chart setting out the grounds of invalidity for each claim alleged to be invalid.

29. Unless the Court orders otherwise, the case management bundle shall be prepared and lodged in electronic form as provided for in Section K of this Practice Direction.

 

30. At the 1^st Case Management Hearing, the Judge may direct that there be further Case Management Hearings.

 

31. The Court may fix a Case Management Hearing at any time on its own initiative.

 

32. The plaintiff, in consultation with the other parties, must revise and update the documents referred to in paragraphs 27 and 28 above appropriately as the case proceeds.  This includes making all necessary revisions and additions at least 7 days before any subsequent hearing at which the Court may give case management directions.

 

33. All parties are expected to work professionally in willing co-operation in a timely manner.  If it appears that a party has behaved unreasonably or uncooperatively, such party may be penalized on costs.

 

34. In any further Case Management Hearings, unless otherwise ordered by the court, each party to the proceeding shall, not later than
4 working days before the relevant Case Management Hearing, lodge with the Clerk to the Judge, file with the Court and serve on the other parties an updated Timetabling Questionnaire in the form as mentioned in paragraph 26 above.

 

F.2 Proceedings commenced by Originating Summons or Originating Motion

 

35. In the event that the Intellectual Property Proceedings are commenced by Originating Summons or Originating Motion, paragraph 2(a) and 2(c) of Practice Direction 5.8 shall be applicable, save that the first hearing shall be listed before the Judge or a Designated Judge.

 

36. Subject to any directions given by the Judge regulating the conduct of Intellectual Property Proceedings, not later than 7 days before the first hearing, each named party to the proceeding shall lodge with the Clerk to the Judge, file with the Court and serve on the other parties a Questionnaire in the form as per Appendix B of this Practice Direction.  This provision is not applicable to proceedings commenced by an Originating Summons in Form No. 11.

 

37. In the case that the parties wish to vacate the first hearing and proceed to fix the date for substantive hearing by consent, usually in the case of an appeal against the decision of the Registrar, each named party would still have to lodge and serve the Questionnaire as stated in paragraph 36 above, so as to provide assistance to the Court to decide whether it is appropriate for the case to be set down for substantive argument.

 

38. Unless the Court orders otherwise, the plaintiff or applicant in proceedings commenced by Originating Summons or Originating Motion must, in consultation with the other parties, prepare a hearing bundle containing:

 

(a) the Originating Summons or Originating Motion;

 

(b) the Affidavits / Affirmations;

(c) the parties’ Questionnaires in the form as per Appendix B of this Practice Direction;

(d) any mediation certificates; and

(e) the principal orders of the Court;

 

and provide copies of the bundle for the Court and other parties at least 4 days before the first hearing of the Originating Summons / Originating Motion or any earlier hearing at which the Court may give case management directions.  The reminder in paragraph 33 above also applies to the preparation of such bundle.

 

39. Unless the Court orders otherwise, the hearing bundle shall be prepared and lodged in electronic form as provided for in Section K of this Practice Direction.

 

40. At the first hearing of the Originating Summons or Originating Motion, the Judge may direct that there be further hearing(s) for case management purposes.

 

41. The Court may fix a hearing for case management purposes at any time on its own initiative.

 

42. Unless the court orders otherwise, no further questionnaires need to be lodged or prepared for the subsequent case management hearings.  Nevertheless, practitioners have a duty to update the Court if there are any changes in the information provided in the earlier Questionnaires.

 

43. The plaintiff / applicant, in consultation with the other parties, must revise and update the documents referred to in paragraph 38 above appropriately as the case proceeds.  This includes making all necessary revisions and additions at least 7 days before any subsequent hearing at which the Court may give case management directions.

 

G. OTHER CASE MANAGEMENT MATTERS

 

44. At the case management conference, the Court may direct that:

 

(a) a scientific adviser under Order 103, rule 26 or Order 122, rule 13 of the RHC be appointed; and/or

(b) a document setting out basic undisputed technology should be prepared by the parties / adviser.

45. The Court may, on its own initiative or upon application of the parties, direct that certain Intellectual Property Proceedings (whether interlocutory or substantive in nature) be dealt with by way of paper disposal.

 

H. TRIAL-RELATED MATTERS

 

H.1 Preparation for trial

 

46. Unless otherwise directed by the Court, (i) the plaintiff / applicant should lodge and serve the trial bundles and opening submissions (with a list of authorities) not less than 28 days and 14 days respectively before the trial; and (ii) the defendant / respondent should lodge and serve the opening submissions (with a list of authorities, if any) not less than 7 days before the trial.

 

47. When the plaintiff / applicant lodges and serves his opening submissions, he must also include the following documents:

 

(a) a reading guide for the judge, if directed by the Court; and

 

(b) a detailed trial timetable which should be agreed, if possible.

48. The reading guide filed under paragraph 47 above must:

 

(a) be short and, if possible, be agreed;

 

(b) set out the issues, the parts of documents that need to be read on each issue and the most convenient order in which they should be read;

(c) identify the relevant passages in the academic textbooks and cases cited, if appropriate; and

(d) not contain argument.

49. Unless the Court otherwise directs, the bundles and documents in paragraphs 46 and 47 above shall be prepared and lodged in electronic form as provided for in Section K of this Practice Direction.

 

H.2 Order for speedy trial instead of proceeding by way of interlocutory applications

 

50. Where a party makes an application for interlocutory injunction or summary judgment, the Court may at the directions hearing, instead of ordering the matter be heard as an interlocutory injunction or summary judgment application, direct that the matter be tried on a speedy basis.  If appropriate, the Court may direct a matter be tried on affidavit / affirmation evidence alone and there be no or limited cross examination on the affidavit / affirmation evidence.This provision is without prejudice to the general powers and jurisdiction of the Court to order a speedy trial if it sees fit.

 

I. PROCEEDINGS CONCERNING THE REGISTRAR

 

51. The Registrar generally should not be named as a defendant / respondent in the following proceedings:

 

(a) appeal against the Registrar’s decision in inter partes proceedings (e.g. opposition / revocation proceedings); and

 

(b) proceedings involving the register of trade marks / designs / patents (e.g. applications for post-grant amendment of patent specification).

52. However, the Registrar is entitled to appear, be represented and be heard in Court in appeal proceedings and proceedings relating to the Registrar under sections 83 and 84 of the TMO, sections 130 and 131 of the PO or sections 58 and 59 of the RDO, or as directed by the Court.

 

53. Where an appeal is filed against a decision of the Registrar(whether in respect of ex parte or inter partes proceedings), unless otherwise directed by the Court, the appellant must, no later than the earlier of:

 

(a) 21 days from the service of the notice of Originating Motion under Order 55, rule 4 of the RHC; or

 

(b) 14 days before the return date of such notice,

file an agreed bundle of the documents filed or issued in the proceedings before the Registrar whose decision is the subject of the appeal proceedings.

 

54. Unless otherwise directed by the Court, the bundle of documents mentioned in paragraph 53 above should be prepared in electronic form as provided for in Section K of this Practice Direction.

55. Unless otherwise directed by the Court, the evidence relied on in the proceedings before the Registrar (whose decision is the subject of the appeal proceedings) shall be used as evidence in the appeal proceedings.

 

56. In proceedings referred to in sections 83 and 84 of TMO, sections 130 and 131 of the PO and sections 58 and 59 of the RDO –

 

(a) Unless otherwise provided in the RHC or directed by the Court (and except in cases where the Registrar is named as a party):

(i) each party must, at the same time as it files any document with the Court, send a copy of it to the Registrar; and

 

(ii) the plaintiff or the appellant (as the case may be) must send to the Registrar a copy of all written notices, directions or orders given or made by the Court.

(b) Where the Registrar indicates his intention not to appear in the proceedings unless required by the Court:

 

(i) the parties must keep the Registrar informed of the progress of the proceedings; and

 

(ii) any party seeking any order or direction affecting the Register must, other than those set out in the originating documents, pleadings or notice of Originating Motion which are required to be served on the Registrar under the relevant provisions of Order 100, Order 103, Order 122 or Order 55, rule 4(1)(b) respectively (as the case may be), send a copy of the proposed order or direction to the Registrar for comments at least 7 working days before any application for such order or direction is made to the Court (whether such order or direction is proposed to be made by a party unilaterally or with the consent of all parties).

 

J. REFERENCE PROCEEDINGS COMMENCED FOLLOWING REFERENCE BY THE REGISTRAR

 

57. The parties to the originating summons proceedings that are taken out under Order 100, rule 6(2), Order 103, rule 25(2) or Order 122, rule 7(2) of the RHC (“Reference Proceedings”), which are treated as a continuation of the original / previous proceedings before the Registrar, should be the same as the parties to the original / previous proceedings before the Registrar.  The Registrar should not be named as a party in the originating summons.  The title of the originating summons may be spelt out along the following lines:

 

“In the matter of [the nature of the original / underlying proceedings before the Registrar (e.g. revocation of patent no. xxx under [section number] of the Patents Ordinance (Cap. 514))] as referred by the Registrar of [Patents] to the Court of First Instance under [section number] of the same Ordinance”.

 

58. At the 1^st Case Management Hearing or other hearings for directions, the Court may give directions as to the filing of documents relevant to the original proceedings before the Registrar.

 

59. Where a request for inspection of documents is made under
Order 63, rule 4(1)(c) of the RHC –

 

(a) In considering whether access to any of the documents filed for the Reference Proceedings (either by the Registrar or any of the parties) should be allowed or restricted, the Court may take into account the restrictions on the Registrar (including but not limited to section 147 of the PO and section 89 of the Patents (General) Rules (Cap. 514C), section 70 of the RDO and section 55 of the Registered Designs Rules (Cap. 522A), or rule 69 of the Trade Marks Rules (Cap. 559A)), or directions previously given by the Registrar.

 

(b) The parties must draw to the Court’s attention any restriction against public inspection in the above-mentioned provision (if applicable to any part of the documents in question) when Reference Proceedings are commenced.

60. The provisions in this Section shall not affect the general powers of the Court to make orders to restrict public access to court documents or the confidential treatment of documents as permitted by the law.

 

K. USE OF ELECTRONIC BUNDLES AND SKELETON ARGUMENTS FOR THE APPLICATIONS AND TRIALS IN THE LIST

 

61. Unless otherwise directed by the Court, all hearing and trial bundles (including the bundles referred to in paragraph 53 above) (“E-Bundles”), skeleton arguments and opening submissions (including a Chronology of Events, Dramatis Personae, draft Order, reading guide and trial timetable) (“Skeleton Arguments”) and Lists of Authorities shall be prepared in electronic form.

62. E-bundles, Skeleton Arguments and Lists of Authorities as mentioned in paragraph 61 above should be prepared and shall be served in the following manner:

 

(a) by lodging with the Court via the e-Lodgement platform at https://e-services.judiciary.hk/elodge/hc/ or by delivering a USB or other storage devices containing such documents to the clerk to the individual judge; and

 

(b) by delivering a USB or other storage devices containing such documents to all other parties to whom the application is directed or by any means of service as provided for in section 16 of the Court Proceedings (Electronic Technology) Ordinance (Cap. 638), rules 15 to 25 of the Court Proceedings (Electronic Technology) (High Court Civil Proceedings) Rules (Cap. 638J) and Section E of E-Practice Direction 4.

 

 No hard copies or paper bundles are required to be served.

 

63. In addition to E-bundles, one set of Bundle Index, Skeleton Arguments, Lists of Authorities (excluding the authorities), in hard copies, should be lodged with the clerk to the individual judge in accordance with the timetable for lodging the same. Other than these, no hard copies or paper bundles will be accepted.

 

64. All E-bundles should be processed by Optical Character Recognition (“OCR”) to make the text searchable and for ease of annotation.

 

65. All E-bundles should be prepared in the following manner:

 

(a) The bundles should be agreed with the other party / parties.

 

(b) The solicitors for the plaintiff or the applicant are responsible for preparing the E-bundles. If the hearing involves more than one action or more than one application, the solicitors for the party which brought the first action or application (as the case may be) should be responsible for preparing the E-bundles. Save with leave of the Court, the other party / parties should not lodge another set of E-bundles.

(c) Each PDF file should contain an Index at the beginning.

(d) Other than the Index, documents in each PDF file should be numbered in an ascending order and each item be bookmarked. The page numbers in the PDF file must correspond with the page numbers imprinted on the documents, so that, for instance, when the user types “740” in the PDF file in Bundle C1, the page imprinted with “740” will appear on the screen.

(e) There should be one PDF file for each category of documents and the files should be described as follows:

(i) Court Documents;

 

(ii) Affidavits / Witness Statements;

(iii) Exhibits / Documents;

(iv) Correspondence;

(v) Expert Evidence.

 

(f) For Exhibit / Document bookmarks, a brief description of each item together with the exhibit number (if applicable) should be included. 

 

(g) There should be no duplication of documents in the PDF files. This applies to all hearings including those involving more than one action.  If the exhibits are included in bundles in one action, the same exhibits should not be included in bundles for the other action(s), but cross-references should be provided in the index.

(h) E-bundles for all applications except trials should contain only the documents relevant to the applications and those to which the parties will need to refer in the course of their respective submissions.  For trials, the parties should ensure that only relevant documents are included in the trial bundles.  The Court may penalise the parties and/or their legal representatives on costs who insisted on including unnecessary documents in the bundles.

(i) For substantive hearings (other than trials) listed for up to
3 hours or 2 days, the bundles should not exceed 800 pages and 1,200 pages respectively. If the parties are not able to prepare the bundles within these limitations, they must seek prior approval from the Court before lodging the same.

66. Except for trials or with leave of the Court, the Skeleton Arguments for all applications listed to be heard at the same hearing should not exceed 20 pages, using at least a font size of 14 and with normal page margins (i.e. 2.54 cm for the top, bottom, left and right of the page).  Save for the purpose of corrections or updates, no further written submissions (including Supplemental Skeleton Arguments and Submissions in Reply) or supplemental Lists of Authorities will be accepted without leave of the Court.

67. The parties should submit their (a) Skeleton Arguments (in both PDF and WORD formats), and (b) Lists of Authorities in one PDF file, with each item separated by a PDF bookmark describing the authorities.

 

(a) All bundle references in the Skeleton Arguments should be in the form of [Bundle/Tab/Page], e.g. [A/3/25].

 

(b) All references to the items in the List of Authorities should be in the form of [Party # Item], e.g. [P#1].

(c) Where a specific item has already been included in the List of Authorities submitted by the applicant / plaintiff, the respondent / defendant should refer to the item in the applicant’s / plaintiff’s List of Authorities, e.g. [A#3].

68. The provisions in Practice Direction 5.6 on the preparation of documents at trial are still applicable insofar as they are not inconsistent with the provisions in this Section.

L. COMMENCEMENT DATE

 

69. This Practice Direction supersedes the previous Practice Direction 22.1 and takes effect on 1 October 2025.

 

 

Dated this 12th day of September 2025.

 

Appendix A

Appendix B