Constitution
Bird & Bird in Hong Kong is a partnership formed under Hong Kong law.
Professional titles and jurisdiction
Partners in Bird & Bird, Hong Kong are admitted as solicitors in Hong Kong.
Regulatory authority
Partners in Bird & Bird, Hong Kong are regulated by The Law Society of Hong Kong.
Professional regulations
The rules of professional conduct of the Law Society of Hong Kong are at www.hklawsoc.org.hk
Value Added Tax
Not applicable.
Cost and Contentious Matters
If you ask Bird & Bird, Hong Kong Office to advise you on a contentious matter (including litigation and arbitration), you should be aware of the following in relation to costs:
- (a) you will be responsible for paying our invoice in full regardless of any order for costs made against your opponent by a competent court or tribunal; (b) You will likely be ordered to pay your opponent's costs as well as your own costs if your case is lost; (c) even if you are successful in your case, your opponent may not be ordered to pay or be capable of paying the full amount of your costs; (d) if the opponent is legally aided, you may not recover your costs, even if you are successful; and (e) certain types of expenses incurred by us (such as for photocopying, faxes, waiting time, unused documents etc.) may not be recoverable from your opponent even if you obtain a favourable costs order against him;
- A costs order is typically made in principle first and covers only the minimum work required to succeed in the application to which it relates, with the actual amount determined later through agreement or taxation. It may cover entire actions, specific steps or particular parts of proceedings. The court or tribunal may apportion costs amongst parties, or order payment at the end of your matter or immediately after certain steps;
- In Hong Kong High Court commercial litigation or arbitration, the successful party may recover from the other party / parties approximately 50% to 65% of the costs incurred upon taxation on a ‘party and party’ basis, or approximately 70% to 80% if on an ‘indemnity’ basis; and
- The Rules of the High Court (Cap 4A) provide cost protection mechanisms. If you make a reasonable settlement offer or payment into court which your opponent rejects, and the court subsequently awards less than what you offered, your opponent may be ordered to pay your costs from the offer date onwards.
