Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Seat belt evidence
  • 10 Dec 2015

    LEUNG HO KIT v. KWOK CHUN LEUNG AND OTHERS

    Citation
    LEUNG HO KIT v. KWOK CHUN LEUNG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI503/2013

    The court granted leave for the parties to jointly instruct Dr Philip Beh as a single expert to report on the seat belt issue because, absent that evidence, it would be unjust to deny the 3rd defendant the opportunity to prove causation for its contributory negligence plea; the court vacated earlier provisional trial dates, fixed new provisional dates (27–29 April next year), ordered the parties to prepare joint instructions within seven days and directed that costs of the PTR be to the plaintiff in any event while costs as to insurer status were reserved to be dealt with after trial.

  • 16 Mar 2010

    LAI YING v. LAM LUNG TIN AND ANOTHER

    Citation
    LAI YING v. LAM LUNG TIN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI313/2009

    The court refused to admit Dr Rattenbury's report because it was not cogent or helpful: the expert had not inspected the vehicle, relied only on photographs and documents, failed to address key factual indicators (including the taxi leaving the ground and the possibility that impact could disengage a seat belt), and part of the factual issue was rendered unnecessary by the plaintiff's admission; accordingly the summons to admit the report was dismissed.