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Case review 2023-05-23
Hong Kong Personal Injury Brief - May 2023 edition
In a very recent decision, HH Judge Andrew Li of the District Court (Judge) has tightened control over adducing of expert medical evidence in personal injury (PI) cases, particularly those in the District Court. He observed that it was high time for the courts and practitioners not only to consider but to actually make wider use of a single joint expert (SJE) rather than respective medical experts appointed by opposing parties.
Hong Kong Personal Injury Brief - March 2023 edition
In a robust decision handed down recently, HH Judge Andrew Li of the District Court (Judge) said “this is by far the worst case I have come across in my 10 years sitting on the bench” and that “such appalling conduct on the part of an officer of the court must be stopped in our profession, in particular in [Personal Injury] litigation.”
Case review 2022-09-21
Favourable award and substantial costs recovered by Kennedys in recent personal injuries assessment
In a recent High Court judgment of Sit Ka Chun v. Wing Wong Scaffolding Ltd & Others (HCPI 144/2020, 15 June 2022), Master Alexander Tang refused to accept the Plaintiff’s case on the extent of injuries in a construction injury claim and awarded around 1/10 of his pleaded claim. The Court also clarified several important principles of adverse inference for not calling witness at trial. Kennedys acted for the successful Defendants and have recovered substantial costs on an indemnity basis at enhanced interest rate on the strength of the Sanctioned Payments by the Defendants.
Hong Kong Personal Injury Brief - March 2022 edition
Recent cases suggest courts may be continuing to crack down more on unmeritorious claimants who pursue hopeless litigation. In October 2021’s PI Brief we referred to several judgements of HHJ Andrew Li (HHJ Li) where claimants and/or their solicitors were penalised with indemnity costs and/or wasted costs orders in pursuing a groundless claim. Since then, both the High Court and the District Court have readily taken a more robust approach against meritless claims.
Navigating the global liability defence agenda
Our global liability and defence group brief, Navigating the global liability defence agenda, was created with our clients in mind. With our legal footprint spanning across 24 countries, our lawyers have first-hand knowledge of global issues impacting our clients. We wanted to provide a snapshot of interesting legal issues we are seeing and share some takeaways we expect will resonate cross jurisdictionally.
Hong Kong Personal Injury Brief - October 2021 edition
Welcome to the latest edition of Hong Kong Personal Injury Brief
Case review 2021-07-29
Hong Kong Personal Injury Brief - July 2021 edition
In this month’s Brief, we highlight several recent judgments where courts have accepted the defendants’ surveillance and expert evidence and awarded sums much lower than what has been claimed.
Case review 2021-04-12
Hong Kong Personal Injury Brief - April 2021 edition
In this month’s brief, we highlight a case where Kennedys represented the successful defendant to defeat an alleged construction injury claim.
Hong Kong Personal Injury Brief - August 2020 edition
In this edition of the PI brief, we highlight a recent decision where insurer was not permitted to intervene to dispute liability and some procedural wins for defendants on psychiatric expert evidence and costs sanctions for exaggerated claims.
Hong Kong Personal Injury Brief - Special edition
In this special edition of the PI Brief, we explore implications for EC and liability insurers arising from the Coronavirus Disease 2019 (COVID-19) outbreak. In particular, we discuss to what extent are employers liable under the ECO and at common law for work from home arrangements and failure to provide protective equipment, and we also look at occupiers’ liability