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Article 2023-03-22
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.” It was found that the Plaintiff’s solicitor (Solicitor) deliberately tried to hide a subsequent accident (2nd Accident), vastly inflated the claim, failed to make proper discovery of documents and concealed the husband and wife relationship between himself and the Plaintiff. A personal costs order on indemnity scale was made against the Solicitor and the matter was referred to the Law Society for further investigation - Cheung Ka Man v Wong Yu Huen [2023] HKDC 370.
Case review 2022-09-21
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.
Article 2022-03-15
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.
Report 2022-03-09
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.
Article 2022-02-25
While some companies had adopted flexible working before 2020, it was not common practice until the pandemic arrived on Hong Kong’s doorstep. Almost overnight, the city became one of the first to experiment with large-scale WFH. With few formal WFH policies or guidelines in place, specific arrangements were left mostly to the discretion of direct managers or department heads.
News 2022-01-19
Following the publication of The Legal 500 Asia Pacific 2022, the firm has seen some impressive rankings in the latest guide to top law firms and lawyers across the region.
Article 2021-10-20
Welcome to the latest edition of Hong Kong Personal Injury Brief
News 2021-09-27
The Dive In Festival has wrapped up for another year, and Kennedys’ presence and participation was stronger than ever and right across our global network.
Case review 2021-07-29
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
In this month’s brief, we highlight a case where Kennedys represented the successful defendant to defeat an alleged construction injury claim.
