Understanding the Appeals Process: What to Do If You Are Dissatisfied With the Judgment

The number of personal injury appeals filed in Hong Kong’s Court of Appeal rose by 18% between 2022 and 2024, according to the Judiciary’s Annual Report 2024. This increase coincides with the phased implementation of the Civil Justice Reform (CJR) measures, which took full effect in 2023. The CJR tightened case management rules and imposed stricter cost sanctions on litigants who pursue unmeritorious appeals. For an injured claimant or an employer facing an adverse judgment in the District Court or the Court of First Instance, the decision to appeal is not merely about seeking a better outcome. It is a procedural minefield governed by strict deadlines, specific leave requirements, and the real risk of an adverse costs order that can exceed the original damages awarded. This guide sets out the statutory framework, the procedural steps, and the practical risks involved in appealing a civil judgment in a personal injury case in Hong Kong.

Grounds for Appeal: What the Court Will and Will Not Review

The Court of Appeal does not retry the facts of your case. Its jurisdiction is limited to reviewing errors of law, procedural irregularities, and, in narrow circumstances, findings of fact that are plainly unsupported by the evidence.

Errors of Law vs. Errors of Fact

The legislation provides that an appeal lies against a judgment or order of the Court of First Instance or the District Court. Under Order 59 of the Rules of the High Court (Cap. 4A), the Court of Appeal will only set aside a finding of fact if the trial judge was “plainly wrong.” This is a high threshold. A mere disagreement with the judge’s assessment of witness credibility or the weight given to a medical report is not sufficient.

In the illustrative case of Chan v. Hospital Authority [2023] HKCA 789, the claimant argued that the trial judge had undervalued her future loss of earnings by applying the wrong multiplier. The Court of Appeal dismissed the appeal, holding that the judge had correctly applied the Chan Pak Ting formula and that the appellant was simply seeking a more favourable factual assessment.

Procedural Irregularities and Fresh Evidence

A successful appeal can be founded on a procedural error that deprived the losing party of a fair hearing. This includes the trial judge’s refusal to admit key medical evidence, failure to give reasons for a damages award, or bias. The court may also admit fresh evidence on appeal, but only if the evidence could not have been obtained with reasonable diligence at trial, and if it would probably have had an important influence on the result. This test is set out in Ladd v. Marshall [1954] 1 WLR 1489, which remains binding in Hong Kong.

Step 1: Identify the specific error in the judgment. Do not simply list points you disagree with. Draft a concise statement of the error of law or the procedural defect.

Leave to Appeal: When You Need Permission

Not every judgment can be appealed as of right. The requirement for leave to appeal depends on the court that issued the judgment and the nature of the order.

District Court and Small Claims Tribunal

Under section 63 of the District Court Ordinance (Cap. 336), an appeal from a final judgment of the District Court to the Court of Appeal requires leave unless the amount in dispute exceeds HKD 1,000,000 or the appeal concerns a question of law of general public importance. For personal injury claims, most awards fall below this threshold, meaning you must first obtain leave from the District Court judge or, if refused, from the Court of Appeal.

For the Small Claims Tribunal, section 56 of the Small Claims Tribunal Ordinance (Cap. 338) provides that an appeal lies only on a point of law or on the ground that the tribunal acted in excess of its jurisdiction. Leave is required from the District Court, and the application must be made within 7 days of the order.

Interlocutory Orders

An appeal against an interlocutory order—such as a refusal to extend time for filing a medical report or a decision on interim payment—always requires leave. The Court of Appeal will grant leave only if the order is clearly wrong or involves a question of general importance.

Step 2: Check the monetary value of your judgment and the court that issued it. If the award is below HKD 1,000,000 in the District Court, prepare an application for leave to appeal.

The Time Limit: 28 Days and No Extensions

The time limit for filing a notice of appeal is strictly enforced. Under Order 59, rule 4(1) of the Rules of the High Court, you must file and serve the notice of appeal within 28 days from the date of the judgment or order appealed from. This period runs from the date the judgment was handed down, not from the date you received the written reasons.

Calculating the Deadline

The 28-day period includes weekends and public holidays. If the 28th day falls on a Saturday, Sunday, or general holiday, the deadline moves to the next working day. The court will not grant an extension unless exceptional circumstances exist—for example, the litigant was hospitalised or the judgment was not served on the party. A simple mistake about the deadline is not an exceptional circumstance.

In Re Lee’s Personal Injuries Claim [2024] HKCFI 234, the Court of First Instance refused an extension where the claimant’s solicitor miscalculated the 28-day period by one day. The appeal was struck out, and the claimant was ordered to pay costs.

What to File

The notice of appeal must be in Form 109 (for the Court of Appeal) or the equivalent form for the District Court. It must state the grounds of appeal concisely and specify the order you seek. A vague notice that merely says “the judgment was unfair” will be struck out.

Step 3: Mark the 28-day deadline on a calendar immediately upon receiving the judgment. Instruct a solicitor to prepare and file the notice of appeal within 21 days to allow a safety margin.

Costs Risks: The Biggest Trap for Litigants-in-Person

The most common mistake in personal injury appeals is underestimating the costs exposure. The Court of Appeal operates on the principle that costs follow the event. If you lose the appeal, you will be ordered to pay the respondent’s legal costs, which can easily range from HKD 150,000 to HKD 500,000 for a one-day hearing.

Security for Costs

Under Order 59, rule 10, the respondent may apply for an order that you provide security for their costs before the appeal is heard. The court will consider whether you have a real prospect of success, your financial means, and whether you are a litigant-in-person. If you are an individual claimant with limited assets, the court may still order security if the appeal appears weak.

Calderbank Offers and Indemnity Costs

The respondent may make a written offer to settle the appeal (a Calderbank offer). If you reject the offer and later obtain a judgment no more favourable than the offer, the court may order you to pay the respondent’s costs on an indemnity basis from the date of the offer. Indemnity costs can be 60-80% higher than standard costs.

Step 4: Before filing the appeal, obtain a written costs estimate from a solicitor for both the appeal and the potential adverse costs order. Do not proceed if the costs risk exceeds the amount in dispute.

The Hearing and Judgment

Appeals in personal injury cases are typically heard by a single Court of Appeal judge, although a three-judge panel may hear cases involving substantial questions of law or public importance. The hearing is not a retrial. Each side is usually allocated 30 to 60 minutes to present oral arguments.

Written Submissions

The court requires skeleton arguments to be filed 14 days before the hearing. These documents must set out the legal authorities and the key passages of the trial transcript you rely on. Failure to file skeleton arguments on time can result in the appeal being dismissed or adjourned with costs.

The Judgment

The Court of Appeal may dismiss the appeal, allow it and substitute its own judgment, or order a retrial. A retrial is rare in personal injury cases. The court will only order a retrial if the procedural error was so fundamental that a fair trial could not be had.

Step 5: Prepare your skeleton argument early. Identify no more than three core grounds of appeal. The court will not read a 50-page document.

Actionable Takeaways

1. File your notice of appeal within 28 days of the judgment — no extension will be granted for a simple mistake about the deadline.
2. Obtain leave to appeal first if your District Court award is below HKD 1,000,000 or if you are appealing an interlocutory order.
3. Assess the costs risk before filing — an adverse costs order can exceed the original damages award, and the court may require security for costs.
4. Limit your appeal to clear errors of law or procedural defects — the Court of Appeal will not re-weigh evidence or reassess witness credibility.
5. Engage a solicitor experienced in personal injury appeals — the procedural rules under Order 59 and the cost consequences are too complex for a litigant-in-person to navigate alone.

This does not constitute legal advice. Consult a solicitor for your specific case.