Course Valid period: 60 days after success payment

This course refresh your understanding of the different factors that need to be considered when you handling personal injury cases, which include:

• Cause of action for different types of personal injury cases, and respective burdens of proof for both parties
• The latest statutory compensation amounts under the “Employees' Compensation Ordinance”, “Fatal Accidents Ordinance” and “Law Amendment and Reform (Consolidation) Ordinance”.
• With reference to the latest court cases, the compensation amount awarded in different types of personal injury cases
• The application of the doctrine of “Res Ipsa Loquitur”
• Points to note during mediation
• Matters relating to costs, including Order 22 of the Rules of the High Court /District Court, and also about wasted costs orders

Content of this course:

1. The legal grounds on which the victims can seek compensation in different types of accidents, we also share the latest court cases and latest compensation amounts for your reference:

• occupational injuries and diseases 
• the definition of “in the course of employment” by relevant court cases (e.g., Ng Mung Khian v Wing Kwong Painting Co. Ltd)
• to what extent a “serious and willful misconduct” is established? (Chan Ka Leung Bee v Golden Island Metal Manufactory Limited)
• the non-delegable occupational safety duty of employer (referring to Winter v Cardiff RDC, “Occupational Safety and Health Ordinance”, “Occupiers Liability Ordinance” and etc.)
• problematic food
• defective products
• personal injuries inside building or at premises 
• “Occupiers Liability Ordinance” and latest court cases (e.g., Yang Yee Man v Leung Hing Hung, Wong Wing Ho v. Hong Kong Housing Authority)
• escalators and lifts (Kam Wai Ming v MTR, Poon Kwok Wing Ernest v Airport Authority Hong Kong)
• hit by concrete falling from external wall (Liu Ngan Fong Sukey, deceased vs The Incorporated Owners of Kwok Wing House)
• attacks by an animal
• attacked by third party’s pet
• attacked by friend’s pet in his home (Lo Ka Yue v Leung Chun Kit and Leung Chun Ho)
• injuries during sport activities/competitions 
• the principle of “volenti non fit injuria”
• informal horseplay (Ma Yong Mei v. Cheng Muk Lam)
• professional competition (Watson against British Boxing Board of Control)
• training class (Leung Sze Nok v. Tsuen Wan Properties Limited)

2. Under different legal frameworks, different types of compensation are provided to the victims and their families:

• Employees' Compensation Ordinance
• Food Safety Ordinance
• Toys and Children's Products Safety Ordinance
• Occupiers Liability Ordinance
• Fatal Accidents Ordinance
• Law Amendment and Reform (Consolidation) Ordinance
• Compensation under common law

3. Referring to the landmark cases and the latest cases, analyze what factors the court will consider when awarding compensation for different types of accidents, such as:

• Compensation for loss of earning capacity due to accident, and the latest statutory compensation amount
• the burden of proof of the victim, e.g., showing income proof (Chan Lung Hing v. Ng Kam Man)
• pain, suffering and loss of enjoyment of life (PSLA)
• PSLA’s four-tier system (Lee Ting Lam v. Leung Kam Ming)
• further interpretation by Bharwaney J (David John Slater v Commissioner of Police, Ng Tat Kuen v. Tam Che Fu and Others)
• Disfigurement (Kan Kit Yuk v Chung Kwok Chuen, Yeung Shan Yee Sandy v Singway (BVI) Co Ltd)
• How can the victim’s old wound, hidden illnesses, and his own negligence reduce the compensation he deserves (Chan Kam-Hoi v. Dragages ET Travaux Publics)

4. The doctrine of “Res Ipsa Loquitur”

• Ng Chun Pui v Lee Chuen Tat

5. Points to note during mediation

• Victims in poor economic situations
• Section 31(1) of the ECO

6. Matters relating to costs

• Order 22 of the Rules of the High Court /District, 
• wasted costs orders (So Kam (蘇金) v. Guildford Limited)