High Court rejects a plaintiff’s very late application for leave to accept a sanctioned payment

Under Order 22, Rule 15 of the Rules of the High Court, where a plaintiff fails to accept a sanctioned payment within 28 days of the payment being made by a defendant, payment may only be accepted with leave of the court. In Polyever Holdings Limited v Savills (Hong Kong) Limited, the High Court usefully summarized the principles it should consider in deciding whether or not to grant an application to accept a sanctioned payment after the expiry of the 28 day period, as follows: Continue reading

Hong Kong courts provide guidance on sanctioned offers

There have been a number of recent cases in which the Hong Kong courts have provided guidance on the effect of sanctioned offers.  The trend appears to be that sanctioned offers and payments are on the increase and that the rules as to their effect will be strictly enforced.  The cases are of importance to parties making and receiving sanctioned offers and payments, or considering whether to make or accept them. Continue reading