| (Live Presentation & Zoom) Personal Injuries Litigation |
| 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 Points will be applied for) |
| 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, Honorary Clinical Assistant Professor and Senior Research Fellow of Centre for Medical Ethics and Law at HKU, Director of HK Academy of Medicine Training Course for Expert Witnesses, is the founder of JC Professional Dispute Resolution Centre, and an assessor of HKMAAL. James was the 1st Adjunct Assistant Professor of CUHK in mediation courses (2010-2). Dr. Chiu is a Specialist in General Surgery.
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 issues. He conducted his first mediation in 2006 and has conducted over 150 cases since. Dr. Chiu can be contacted at email: mediators_hk@yahoo.com.hk and at mobile: 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.
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Outline:
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
- 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
- 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
- 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
- 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
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
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| Category: |
Personal Injury Litigation |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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