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(Live Presentation & Zoom) Personal Injuries Litigation
Edward Poon, Barrister-at-law and Mediator, 601 Dina House
Christine Yip, Barrister-at-law and Mediator, 601 Dina House
Dr. James Chiu, Surgeon, Mediator and Assessor
Dr. Isaac Yang, Specialist in Orthopaedics & Traumatology, Director and Consultant ,Bethesda Specialist Clinic Limited (Private Orthopaedic Service)
Date: 27 November 2024 (Wednesday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: Cantonese 粵語
Fee: HK$ 1,850
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L24PI04
Venue: Live Lecture or Zoom Webinar
- Rm 2102, 21/F, Beautiful Group Tower,
77 Connaught Road Central, HK
- Online Webinar via Zoom
[View Map]
Presenter's Biography:

Mr. Edward Poon, Barrister-at-law and Mediator, 601 Dina House

Edward Poon, a Barrister-at-law at 601 Dina House, has been practicing in Hong Kong since 2006. He holds an LLB from the University of Nottingham (2004) and a PCLL from HKU (2005).

Edward specializes in personal injuries, employee compensation, and criminal law. He is an accredited general mediator (2011) and family mediator (2013), with a Master's in Counselling from Monash University (2012). He contributed to PCLL Personal Injuries course as a part-time lecturer at HKU and a is regular CPD course speaker. He mentors at the Chinese University LLB Mentorship program.

Edward writes for LexisNexis and has authored significant legal texts, including Atkins Court Forms Hong Kong (Personal Injuries) Issue 74 (2020) and co-authoring Halsbury Laws of Hong Kong (Legal Aid) (2021). He can be contacted at poon_edward@hotmail.com or 2845 2020.

Miss Christine Yip, Barrister-at-law and Mediator, 601 Dina House

Christine is a Barrister-at-Law and Mediator in Hong Kong. She was called to the Bar in early 2019 after obtaining CPE from Manchester Metropolitan University, LLM from University of London and PCLL from HKU. With a strong interest in conciliation and mediation, she also passed the Mediation Accreditation Assessment of HKIAC in 2012.

Before joining the Bar, she worked as a Labour Officer of the Labour Department. She had over 10 years' experience in conciliating thousands of labour disputes, including large scale construction disputes, industrial strikes and winding up cases. Besides, she also handled numerous employees' compensation claims, with first-hand experience in assessing both the compensation amount and degree of incapacity.

Christine is now a tenant at 601 Dina House, making use of her expertise in employment law and concentrating her practice in civil cases, especially employees' compensation and personal injuries cases.

Dr. James Chiu, Surgeon, Mediator and Assessor

Dr. James CHIU, LLB (Hons) Lond, Specialist in General Surgery, is an Hon Clinical Assistant Professor at HKU and a Senior Research Fellow of the Centre for Medical Ethics and Law at HKU. He is also the Director of the HK Academy of Medicine Training Course for Expert Witnesses and a Medical Assessor of the Medical Council of Hong Kong. James has chaired and/or spoken in over 100 local and international medico-legal and mediation meetings. He has written many articles and book chapters on mediation, negotiation, apologies and medico-legal topics.

James was the 1st Adjunct Assistant Professor of CUHK in mediation courses (2010-2). He is an assessor in General Mediation at HKMAAL and the founder of JC Professional Dispute Resolution Centre. James started conducting mediation in 2006 and has conducted over 150 cases since. Dr. Chiu can be contacted by email: mediators_hk@yahoo.com.hk and by phone: 6770 6890.

Dr. Isaac Yang, Specialist in Orthopaedics & Traumatology, Director and Consultant ,Bethesda Specialist Clinic Limited (Private Orthopaedic Service)

Dr. Yang obtained his Bachelor of Medicine and Bachelor of Surgery degree from the Chinese University of Hong Kong. He is a Fellow of the Hong Kong Academy of Medicine, Hong Kong College of Orthopaedic Surgeons and the Royal College of Surgeons of Edinburgh.

He further develop his interest in joint replacement surgeries and trauma surgeries.
He also teaches medical students anatomy at his alma mater CUHK. Before he left public service, he also taught orthopaedics and trauma to both CUHK and HKU medical students.
 
Outline:

Common orthopaedic injuries in personal injuries cases
(Dr. Yang)

  • Types of Accidents

    • Traffic Accidents
    • Fall from height
    • Slip and fall
    • Carrying Heavy items
    • Electricity
    • Hit by falling objects
    • Collapse


  • Types of Injuries

    • Head and Neck injuries
    • Back injuries
    • Upper or lower limb injury
    • Fracture ribs
    • Shoulder dislocation
    • Wrist fracture


  • Treatments, prognosis and complications

  • How to apportion between pre-existing conditions / injuries caused by accidents


Demonstration of common malingering tests (Dr. Chiu and Mr. Poon as demonstrators, comments by Dr. Yang)

  • Waddell's signs

    • tenderness
    • simulation
    • distraction
    • regional disturbances
    • overreaction


  • Distraction tests such as "Arm drop" test to detect false paresis

  • Other malingering tests


Interpreting Medical Records and Expert Reports in Mediation for Healthcare and PI Claims (Dr. James Chiu)

  • Medical expert reports:
    • good medical expert reports
    • bad medical expert reports


  • Interpreting expert witness reports:
    • how can the expert witness help you?
    • Glossary for medical terms
    • Significance of history
    • Significance of positive findings
    • Significance of negative findings


Procedural matters of E.C. and P.I. Litigation (Mr. Edward Poon)

  • E.C. Litigation

    • Principal contractors and sub-contracts' liability in EC

    • Whether the injury was caused by disease

    • Bankrupt applicant's entitlement to E.C. compensation

    • Time Limit
      • Administrative Route
      • Application to the District Court for a determination under section 18A
      • Out of time Applications


    • E.C. Compulsory insurance
      • Notice to insurer
      • Issuing claim against insurer


    • Claims against Employees Compensation Assistance Fund Board
      • Notice to the ECAFB



  • P.I. procedural matters

    • Bankrupt plaintiff's entitlement to P.S.L.A.

    • Whether issue / apply to try together with E.C.

    • Issue Estoppel

    • Letter Before Action
      • Constructive Reply


    • Time Limit
      • Knowledge of identity
      • DISCRETION TO EXTEND TIME LIMIT
      • Time extension in respect of a system
      • Time limit for minors and disabled
      • Time limit for accident relating to vessels at sea


    • Minors and Persons under disability

    • Legal Aid
      • Choice of Solicitors


    • Potential Defendants

    • Third party proceedings and costs

    • Related property damage claims

    • Discovery
      • Whether there was a Principal Contractor
      • Discovery against investigation authorities


    • Fatal - carry on order

    • Third party rights against the Insurer

    • Insurer concerned for traffic accidents
      • Notice to Insurer


    • Motor Insurance Bureau
      • Notice to MIB
      • Power of MIB to grant Ex-gratia payment
      • Notice to ECAFB


    • Default Judgment

    • Supplementary witness statements

    • Interim payment

    • Expert Evidence
      • Psychiatric
      • Occupational Therapy
      • Motor Accident expert


    • Sanctioned Offer / Payments
      • Examples of enhanced interest rate
      • Sanctioned Offer cannot contain terms as to costs


    • Calderbank offers

    • Settling with one of the Defendants

    • Order 80 applications
      • MINOR OR MIP CLAIMS
      • Dependency claims - fatal cases


    • Setting up Committee

    • Common P.I. / E.C. claims

      • Slip and Fall
      • Traffic Accidents


Industrial Accidents & Occupational Diseases (Ms. Christine Yip)

  • Common types of industrial accidents and occupational diseases
  • Legislations related to industrial accidents
  • Criminal and civil aspects of an industrial accidents
  • Investigation and medical assessment by Labour Department
  • Advising employers/ injured employees in employees compensation cases

 
Category: Personal Injury Litigation
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27 November 2024 (Wed)
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(Live Presentation & Zoom) Personal Injuries Litigation
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