RYAN ALEXANDER SOH by his father and next friend, DAVID SOH AND OTHERS v. THE INCORPORATED OWNERS OF PALM COURT AND ANOTHER
Leave granted for joint forensic expert reports in DB-paediatrics, clinical neuropsychology/clinical psychology with experience in children with cerebral palsy/neurodisabilities, and educational psychology; leave refused for psychiatry (for P1, Jeremy and the Father) and for a separate physiotherapy forensic report. The court directed parties to jointly nominate experts and provide timetable and report dates within 21 days and reserved costs to be costs in the cause with P1's costs to be taxed under Legal Aid Regulations.
- Citation
- [2020] HKCFI 2980
- Parties
- 1st Plaintiff (minor): Ryan Alexander Soh (by his father and next friend David Soh); 2nd Plaintiff (estate Representative): David Soh (appointed to represent the estate of Zhang Qin, deceased); 3rd Plaintiff (dependants): David Soh (on behalf of himself and other dependents of Zhang Qin, deceased); 1st Defendant: The Incorporated Owners of Palm Court; 2nd Defendant: Hang Yick Properties Management Limited
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 27 November 2020
- Case Number
- HCPI359/2017
- Procedural Posture
- Personal Injuries Action No 359 of 2017 / Case Management Hearing Re Expert Evidence and Directions for Assessment of Damages (leave to Adduce Expert Evidence)
- Outcome
- Application granted in part and refused in part
- Legal Topics
- Leave to Adduce Expert Evidence, Assessment of Damages, Child Plaintiff, DB Paediatrics, Educational Psychology, Clinical Psychology, Psychiatry (refused), Physiotherapy (refused), Case Management Directions
- Source Language
- EN
Case Brief
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Parties
Ryan Alexander Soh (by his father and next friend David Soh)
1st Plaintiff (minor)
David Soh (appointed to represent the estate of Zhang Qin, deceased)
2nd Plaintiff (estate Representative)
David Soh (on behalf of himself and other dependents of Zhang Qin, deceased)
3rd Plaintiff (dependants)
The Incorporated Owners of Palm Court
1st Defendant
Hang Yick Properties Management Limited
2nd Defendant
Procedural Posture
Personal Injuries Action No 359 of 2017 / Case Management Hearing Re Expert Evidence and Directions for Assessment of Damages (leave to Adduce Expert Evidence)
Legal Issues
- 1 Whether leave should be granted to adduce expert evidence in specified medical and allied disciplines
- 2 Whether psychiatric evidence is necessary for the child plaintiff or family members
- 3 Whether physiotherapy expert evidence is necessary in addition to paediatric neurology/DB-paediatrics input
Ratio Decidendi
Leave granted for joint forensic expert reports in DB-paediatrics, clinical neuropsychology/clinical psychology with experience in children with cerebral palsy/neurodisabilities, and educational psychology; leave refused for psychiatry (for P1, Jeremy and the Father) and for a separate physiotherapy forensic report. The court directed parties to jointly nominate experts and provide timetable and report dates within 21 days and reserved costs to be costs in the cause with P1's costs to be taxed under Legal Aid Regulations.
Court Disposition
Application granted in part and refused in part
Orders
- Leave granted to obtain joint expert reports in: (a) developmental-behavioural paediatrics (DB-paediatrics), (b) clinical neuropsychology or clinical psychology with relevant expertise/experience in children with cerebral palsy and neurodisabilities, and (c) educational psychology
- Leave refused for expert reports in psychiatry (for P1, Jeremy and the Father) and for separate physiotherapy forensic reports
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