A meeting of Executive Council (ExCo) was held 13 April 2026.
The agenda for the meeting was as follows:
| CLOSED AGENDA 1. Declaration of Interest 2. Civil Litigation (Cost) (Amendment) Bill, 2026 and Civil Litigation (Costs) Notice, 2026 (ExCo Memo 15/2026) NB Items marked (*) are commercially sensitive and depending on the subject matter, might not be referred to in the top lines. |
The following items were considered:
- Declaration of Interest
Minister Andrew Turner declared his conflict of interest for agenda item 2for two reasons and absented himself from the meeting.
- Civil Litigation (Cost) (Amendment) Bill, 2026 and Civil Litigation (Costs) Notice, 2026 (ExCo Memo 15/2026)
Executive Council approved the amendments to the Civil Litigation (Costs) Ordinance 2025. The amendments will be published for public consultation before being brought to the next Legislative Council Meeting for consideration and approval.
The proposed amendments are intended to strengthen fairness and improve access to justice. A key element of the proposal is the introduction of provisions relating to ATE insurance. These changes would allow the courts to include some or all of the cost of ATE insurance premiums in cost awards for medical negligence and personal injury claims. This is intended to reduce the financial risk for individuals pursuing legitimate claims and ensure that access to justice is not limited by personal financial circumstances.
Executive Council also approved the Civil Litigation (Costs) Notice, 2026 to be effective immediately.
These amendments aim to provide greater clarity and transparency around recoverable legal costs. It sets out when the cost of initial legal advice may be recovered, helping individuals better understand their position from the outset. The 2026 Notice links the appropriate national rates applied in England and Wales which may be amended from time to time.