YU TAN LEE v. CHEUNG KWOK CHOI

YU TAN LEE v. CHEUNG KWOK CHOI

The controlling rule is that medical experts should not be asked to prepare separate reports commenting on surveillance tapes without first obtaining leave and disclosing good reasons; absent such leave and grounds, a supplemental report commenting on surveillance may be unnecessary and attract a costs order.

Source-derived case information.

Citation
YU TAN LEE v. CHEUNG KWOK CHOI
Parties
Respondent: Plaintiff; Appellant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 August 2008
Case Number
HCPI595/2007
Procedural Posture
Civil Personal Injury Appeal / Interlocutory Appeal From Master's Decision (hcpi 323 of 2004)
Outcome
Appeal allowed in substance: there is no absolute prohibition on experts commenting on surveillance tapes but leave should be obtained and good reasons disclosed before obtaining supplemental reports; costs may follow where reports are obtained without leave and are unnecessary.
Legal Topics
Expert Reports, Surveillance Tapes, Leave to Adduce Evidence, Cost Orders
Source Language
en
Civil Procedure Evidence Personal Injury Expert Evidence Costs Expert Reports Surveillance Tapes Leave to Adduce Evidence +1 more

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Summary, issues, holding and outcome

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Parties

Plaintiff

Respondent

Defendant

Appellant

Procedural Posture

Civil Personal Injury Appeal / Interlocutory Appeal From Master's Decision (hcpi 323 of 2004)

Legal Issues

  1. 1 Whether medical experts may be instructed to comment on private surveillance tapes without leave of the court
  2. 2 Whether leave must be obtained and good reasons disclosed before obtaining supplemental expert reports to comment on surveillance tapes
  3. 3 Whether costs may be awarded for unnecessary supplemental expert reports

Ratio Decidendi

The controlling rule is that medical experts should not be asked to prepare separate reports commenting on surveillance tapes without first obtaining leave and disclosing good reasons; absent such leave and grounds, a supplemental report commenting on surveillance may be unnecessary and attract a costs order.

Court Disposition

Appeal allowed in substance: there is no absolute prohibition on experts commenting on surveillance tapes but leave should be obtained and good reasons disclosed before obtaining supplemental reports; costs may follow where reports are obtained without leave and are unnecessary.

Orders

  • Appeal allowed in part
  • Leave should be obtained before instructing medical experts to comment on surveillance tapes except where good reasons are disclosed