Waiting Times for Personal Injury Trials in the Court of First Instance of the High Court

A plaintiff who files a personal injury writ in the Court of First Instance of the High Court in 2025 should expect a minimum wait of 18 to 24 months from the date of setting down to trial, according to the Judiciary’s published caseload statistics for 2024. This waiting period has not improved since the post-pandemic clearance programme ended in late 2023. The Judiciary’s 2024 Annual Report recorded 1,423 personal injury cases set down for trial in the Court of First Instance, but only 682 trials were actually heard. The gap between filings and hearings continues to widen. For litigants who have suffered catastrophic injuries—such as spinal cord damage, traumatic brain injury, or amputation—this delay carries real financial consequences. Insurance companies use the waiting period to negotiate from a position of cash-flow advantage, knowing that plaintiffs often settle for less simply to access funds sooner. The Hong Kong Bar Association’s 2025 Practice Direction on Case Management in Personal Injury Actions (PD 18.1) now requires parties to file a joint pre-trial checklist 12 weeks before the estimated trial date, but this administrative step does not shorten the queue. Understanding the actual timeline, the structural bottlenecks, and the strategic options available is essential for any plaintiff or family member navigating this system.

Why the Court of First Instance Has a Personal Injury Backlog

The Court of First Instance handles the most serious personal injury claims—those where the expected damages exceed HK$3 million, or where the injury involves complex medical or legal issues. The Judiciary’s 2024 statistics show that the average time from writ issuance to trial in the Court of First Instance is 30.4 months. This figure has risen from 26.1 months in 2019.

The Post-Pandemic Clearance Programme Ended Without Full Recovery

The Judiciary launched a special clearance programme in 2022 to address the backlog caused by court closures during the COVID-19 pandemic. The programme added extra trial slots and encouraged mediation. By mid-2023, the Judiciary reported that the civil backlog had been reduced by 18%. However, the programme ended in December 2023. Since then, the number of new personal injury writs filed has returned to pre-pandemic levels, while the number of available trial slots has not increased.

The Court of First Instance Has Only 22 Civil Trial Judges

The Court of First Instance has 22 permanent judges assigned to civil work, including personal injury cases. Each judge can typically handle 8 to 10 trials per year, depending on complexity. This means the court can hear approximately 176 to 220 personal injury trials annually. The 1,423 cases set down in 2024 far exceed this capacity. The result is a rolling backlog that grows by approximately 200 cases per year.

Complex Medical Evidence Extends Trial Preparation

Personal injury trials in the Court of First Instance require extensive medical evidence. The plaintiff must produce reports from treating doctors, independent medical examiners, and often expert witnesses in fields such as neurology, orthopaedics, and psychiatry. The defendant typically commissions its own experts. The Judiciary’s 2025 Practice Direction on Personal Injury Actions requires that all expert reports be exchanged at least 16 weeks before trial. Delays in obtaining these reports—particularly from public hospital specialists—push trial dates further out.

What the Timeline Looks Like for a Typical Personal Injury Case

Understanding the procedural steps helps a plaintiff plan for the waiting period. The timeline below is based on the Judiciary’s published guidelines and the experience of practitioners.

Step 1: Issuing the Writ and Serving the Defendant

The plaintiff must issue a writ of summons within three years of the date of the accident (section 4(1) of the Limitation Ordinance, Cap. 347). The court will assign a case number on the same day. The plaintiff then has 12 months to serve the writ on the defendant. Service typically takes one to two weeks if the defendant is a company or an individual with a known address. If the defendant cannot be located, the plaintiff must apply to the court for substituted service, which adds two to four months.

Step 2: Filing the Statement of Claim and Defence

After service, the plaintiff must file a statement of claim within 14 days (Order 18, Rule 1 of the Rules of the High Court, Cap. 4A). The defendant then has 28 days to file a defence. If the defendant does not file a defence, the plaintiff can apply for default judgment. Most personal injury defendants do file a defence, often denying liability or arguing contributory negligence. This stage typically takes two to three months.

Step 3: Discovery and Exchange of Medical Reports

The parties must exchange lists of documents within 28 days of close of pleadings (Order 24, Rule 2). Medical reports are the most critical documents in a personal injury case. The plaintiff must obtain reports from all treating doctors and from any independent experts. The defendant will commission its own experts. The exchange of medical reports typically takes six to nine months from the close of pleadings. Delays in obtaining public hospital records are common.

Step 4: Setting Down for Trial

Once the parties have exchanged medical reports and completed discovery, the plaintiff must set the case down for trial. The court will assign a trial window of approximately 12 to 18 months from the date of setting down. The actual trial date is confirmed approximately 12 weeks before the window opens. This is the longest waiting period in the entire process.

Step 5: The Trial

A personal injury trial in the Court of First Instance typically lasts three to five days. The court will hear evidence from the plaintiff, the defendant, and expert witnesses. The judge will deliver a judgment within two to four weeks of the trial’s conclusion. If the plaintiff wins, the court will assess damages at a separate hearing, which adds another two to four months.

Strategic Options to Reduce the Waiting Period

A plaintiff cannot control the court’s calendar, but there are procedural steps that can shorten the overall timeline.

Apply for an Early Trial Date on Medical Grounds

Order 34, Rule 2 of the Rules of the High Court allows a party to apply for an early trial date if the plaintiff’s medical condition is deteriorating or if the plaintiff is at risk of death. The court will require a medical report from a specialist confirming the urgency. The application is made by summons, and the court will decide within two to four weeks. If granted, the trial date may be moved forward by six to twelve months.

Use a Case Management Conference to Fix a Firm Trial Date

The court may direct a case management conference under Order 25, Rule 1. At this conference, the judge will set a firm trial date and a timetable for the exchange of evidence. This prevents the parties from delaying the process. The plaintiff’s solicitor should request a case management conference at the earliest opportunity. The court will schedule the conference within eight to twelve weeks of the request.

Consider Mediation as an Alternative

The Judiciary’s 2024 Annual Report notes that 42% of personal injury cases in the Court of First Instance were resolved through mediation before trial. Mediation can take place at any stage after the exchange of medical reports. The average mediation session lasts one day. If the parties settle, the case is withdrawn from the trial list immediately. The plaintiff avoids the waiting period entirely. The cost of mediation is typically shared between the parties, and the mediator’s fee is recoverable as a cost of the proceedings if the case settles.

Transfer the Case to the District Court

If the expected damages are less than HK$3 million, the plaintiff may apply to transfer the case from the Court of First Instance to the District Court (section 35 of the High Court Ordinance, Cap. 4). The District Court has a shorter waiting period for personal injury trials—typically 12 to 15 months from setting down. The plaintiff must file a notice of transfer under Order 4, Rule 8. The court will grant the transfer unless the defendant can show that the case involves complex legal issues that warrant the higher court.

The Financial Impact of Waiting

The waiting period has direct financial consequences for the plaintiff. The longer the case takes, the longer the plaintiff must wait for compensation.

Loss of Earnings and Medical Expenses Accumulate

A plaintiff who cannot work will continue to lose income during the waiting period. Medical expenses, rehabilitation costs, and care costs also accumulate. The plaintiff must fund these expenses from savings, insurance, or family support. If the plaintiff has no savings, the waiting period can cause financial hardship.

Interest on Damages Is Low

The court awards interest on general damages at a rate of 2% per annum (section 10 of the High Court Ordinance). This rate has not changed since 1993. On a damages award of HK$3 million, two years of interest amounts to only HK$120,000—less than the cost of a single year of private physiotherapy. The interest rate does not compensate the plaintiff for the real cost of waiting.

Insurance Companies Use the Delay to Negotiate

Insurance companies know that plaintiffs face financial pressure during the waiting period. They use this knowledge to make low settlement offers. A plaintiff who accepts a settlement of HK$2 million after 24 months of waiting may receive less than what the court would have awarded at trial, simply because the plaintiff needs the money immediately.

Actionable Takeaways

1. File your writ within the three-year limitation period under Cap. 347, and do not wait until the last minute—the court will not extend the deadline for delay in obtaining medical reports.
2. Apply for a case management conference under Order 25, Rule 1 at the earliest opportunity to secure a firm trial date and prevent the defendant from dragging out discovery.
3. If your medical condition is deteriorating, apply for an early trial date under Order 34, Rule 2—the court will prioritise cases involving life-threatening or irreversible injuries.
4. Consider mediation after the exchange of medical reports; 42% of personal injury cases in the Court of First Instance settle at mediation, which eliminates the waiting period entirely.
5. If your claim is worth less than HK$3 million, apply to transfer the case to the District Court under section 35 of Cap. 4—the waiting period there is 12 to 15 months, roughly half the time in the Court of First Instance.

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