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(Webinar via Zoom) A Practical Guide to Calculating Damages for Personal Injury Cases
Jackson Poon, Barrister-at-Law, Cheng Huan Q.C., S.C.'s Chambers
Derek Hu, Barrister-at-Law, Cheng Huan Q.C., S.C.'s Chambers
Rachel Chiu, Barrister-at-Law, Cheng Huan Q.C., S.C.'s Chambers
Date: 17 February 2023 (Friday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,800
Accreditation: (3 CPD Points will be applied for)
Ref: L23PI01
Venue: Webinar Course
Presenter's Biography:

Mr. Jackson Poon was called to the Hong Kong Bar in 1986. He is experienced in dealing with civil and criminal cases. In 1994 and 1995, he sat as a Deputy Magistrate for the Judiciary. In 1995, he joined the then Legal Department (now Department of Justice) directly as a Senior Crown Counsel. In 2006, he returned to private practice. He is now in Cheng Huan S C Chambers involved in civil cases and criminal litigation. In August 2014, he sat as a Deputy District Judge hearing mainly personal injury and civil cases.

Mr. Poon has handled numerous personal injury cases and has given many lectures on personal injury. He has also handled cases involving Employees Compensation, Incorporated Owners disputes, Lands Tribunal trials, Trust, Commercial disputes, Sales of Goods, Manufacturing of Goods, Construction, Dishonoured Cheques, Defamation, Landlord and Tenant disputes, Conveyancing disputes, Employment disputes, Land disputes, Company matters and Judicial Reviews. He has handled various criminal cases and he is a listed mediator of the Bar Association.

Various law lectures had been delivered by him for the University of Hong Kong, Hong Kong Polytechnic University, City University, Law Society, Butterworths, Police Detective Training School and Criminal Advocacy Courses of the Department of Justice.

Mr. Derek Hu was called to the Hong Kong Bar in 2009. Since his admission, he has developed a predominantly civil practice. In addition to his advocacy work, Mr. Hu also takes part in mediations both as mediator and representing clients in mediation.

Mr. Hu represents clients in Land related disputes (such as Adverse Possession, Landlord and Tenant, Conveyancing, Trust, Distraint proceedings, Land Compulsory Sale proceedings and Building Management disputes), General Commercial and Contractual disputes including those arising out of financial investments, Trust, disputes relating to Companies and Joint Ventures, and Matrimonial.

After obtaining a double degree in Government and Laws and LLB, Ms. Rachel Chiu completed her PCLL from the University of Hong Kong in 2014.
Ms. Chiu was called to the Hong Kong Bar in 2015 and is now in Cheng Huan SC Chambers involved in civil and criminal litigations.
Apart from appearing for the defence, Ms. Chiu has been regularly briefed by the Department of Justice to prosecute cases as counsel on fiat since 2017. She has handled a range of cases which involve theft, assault, drugs offences, traffic offences, and sexual offences.
Ms. Chiu also maintains a general civil practice, with personal injuries, tort, contractual and commercial litigation being an area of focus; with a growing emphasis on advising work in the sphere of company law and cryptocurrency. Ms. Chiu has been on the Legal Panel for personal injury cases since 2017.
 
Outline:

Quantum for non-fatal cases

SPECIAL DAMAGES
  • PSLA
  • Risks of epilepsy
  • Whether a bankrupt Plaintiff is entitled to PSLA
  • Loss of society/services
  • Pre-trial loss of earnings
  • Other expenses caused by the injury

GENERAL DAMAGES
  • Loss of future earnings
    • Chan Pak Ting v. Chan Chi Kuen and Anor. (HCPI 235/2011)

NON -FATAL CASES

FATAL & SERIOUS INJURY CASES
  • Loss of Earning Capacity
  • Future Medical Expenses
  • Future Fund Manager
  • Interests
  • Employees compensation payment
  • Tax liability

DRAFTING STATEMENT OF DAMAGES
  • Statement of Damages Sample
  • Fatal Accident Personal Injuries Claims


CAUSE OF ACTION UNDER LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE

Loss of Accumulation of Wealth
  • Pain, Suffering and Loss of Amenity
  • Loss of Income
  • Funeral Expenses
    • Items of expenses previously allowed
    • Items previously not allowed
  • Value of services rendered by third parties
  • Other Claims
  • Loss of Dependency
    • The Multiplicand
    • The Multiplier
    • Multiplication
  • Loss of services previously provided gratuitously by the deceased
    • Lump sum or multiplier?
    • Sufficient Evidence Required
    • Assessing the value of gratuitous service
  • Bereavement award

CHOLOGICAL PROBLEM SUFFERED BY THE RELATIVES / BYSTANDERS
  • Multiplier after the case of Chan Pak Ting
  • Name of Plaintiff in fatal case (3 stages)
    • Quantum calculation in HCPI 1301/1996
    • Calculation of quantum in fatal cases by Bharwaney J in Kan Wai Ling

 
Category: Personal Injury Litigation
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