LUNG LAU YIN, THE ADMINISTRATRIX OF THE ESTATE OF CHAN KIN SHING, DECEASED AND ANOTHER v. SO KWAN MO AND OTHERS

LUNG LAU YIN, THE ADMINISTRATRIX OF THE ESTATE OF CHAN KIN SHING, DECEASED AND ANOTHER v. SO KWAN MO AND OTHERS

The application to adduce the expert's opinion was dismissed because the expert failed to demonstrate that the proposed Equation is an established, peer‑reviewed scientific methodology accepted by reasonable experts; the report relied on cherry‑picked, unreliable inputs and confirmation bias, rendering it not necessary, not relevant and of no probative value to the court.

Citation
LUNG LAU YIN, THE ADMINISTRATRIX OF THE ESTATE OF CHAN KIN SHING, DECEASED AND ANOTHER v. SO KWAN MO AND OTHERS
Parties
1st Plaintiff: Lung Lau Yin (administratrix of the estate of Chan Kin Shing, deceased); 2nd Plaintiff: Lung Lau Yin; 1st Defendant: So Kwan Mo; 2nd Defendant: Inspiration (International) Decoration Company Limited; 3rd Defendant: China Ping An Insurance (Hong Kong) Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 February 2017
Case Number
HCPI404/2014
Procedural Posture
Personal Injuries Action (road Traffic Fatality) / Chambers Decision on Pre Trial Application to Adduce Expert Evidence
Outcome
Plaintiffs' application to adduce expert opinion on liability dismissed
Legal Topics
Admissibility of Expert Evidence, Reliability of Expert Methodology, Probative Value, Exclusion of Expert Opinion, Costs and Taxation
Source Language
EN
Personal Injury Road Traffic Law Evidence Civil Procedure Forensic Engineering Admissibility of Expert Evidence Reliability of Expert Methodology Probative Value +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Lung Lau Yin (administratrix of the estate of Chan Kin Shing, deceased)

1st Plaintiff

Lung Lau Yin

2nd Plaintiff

So Kwan Mo

1st Defendant

Inspiration (International) Decoration Company Limited

2nd Defendant

China Ping An Insurance (Hong Kong) Company Limited

3rd Defendant

Procedural Posture

Personal Injuries Action (road Traffic Fatality) / Chambers Decision on Pre Trial Application to Adduce Expert Evidence

Legal Issues

  1. 1 Whether to admit expert opinion evidence on liability
  2. 2 Whether the expert's ‘Equation’ is an established and peer‑reviewed methodology
  3. 3 Whether the expert cherry‑picked or manipulated input data causing confirmation bias

Ratio Decidendi

The application to adduce the expert's opinion was dismissed because the expert failed to demonstrate that the proposed Equation is an established, peer‑reviewed scientific methodology accepted by reasonable experts; the report relied on cherry‑picked, unreliable inputs and confirmation bias, rendering it not necessary, not relevant and of no probative value to the court.

Court Disposition

Plaintiffs' application to adduce expert opinion on liability dismissed

Orders

  • Plaintiffs' application to adduce expert opinion by Mr Keung/Mr Lo dismissed
  • No directions required for defendants to adduce expert on liability or further exchange witness statements