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Hong Kong decisions
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The Court of First Instance allowed psychiatric expert evidence on quantum to be adduced by a single joint expert in a medical negligence claim.
Appeal dismissed. The District Court held that the defendant should be allowed to adduce a second expert report, mainly because one technical issue was not adequately addressed by the single joint expert.
The court partly granted a striking-out summons over psychiatric expert reports in a probate dispute, expunging passages on delusion and Father’s capacity while leaving other medical material in place.
The District Court refused leave for a separate quantum expert, holding that clarification and a supplemental report from the joint expert were sufficient.
The court dismissed the plaintiff’s summons for leave to appeal, holding that none of the six grounds showed reasonable prospects of success.
Except for two discrete factual clarifications (questions (4) and (5)), the expert's report did not contain medical ambiguities requiring oral evidence; many of the applicant's queries arose from non-medical issues or misinterpretation of the report and can be resolved by the judge or by a written supplementary report. Given the likely disproportionate costs of oral expert attendance relative to the claim, the application to summon the expert was refused; respondent must instead seek written answers and a supplementary report from the expert within specified time limits. Applicant ordered to…
Source excerpt
Appeal dismissed against a case management order directing a single joint orthopaedic expert on quantum in a personal injuries action.
The Court of First Instance dismissed a plaintiff’s leave-to-appeal summons, holding that challenges to case-management weightings disclosed no reasonable prospect of success.
The court granted leave for a limited supplemental orthopaedic expert report about the Subsequent Incident and surveillance footage, but refused to allow the expert to testify.
The Court of First Instance refused blanket advance permission for the plaintiff to substitute its expert witness shortly before trial, citing fairness to the defendant.
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