Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Medical evidence requirement

Legal area

Court

9 Sept 2020

范敏怡小姐對醫院管理局

Citation

[2020] HKCFI 2181
Court

Court of First Instance
Case number

HCMP1495/2019

The appeal was dismissed because the claimant's allegations were unsupported by any medical or other evidentiary material, disclosed no real prospect of success, were frivolous/vexatious and amounted to an abuse of process, and the personal injury claims were statute-barred under the Limitation Ordinance with knowledge dating to 2006; accordingly the claims and filed affidavits were struck out and the proceedings dismissed.
29 Mar 2017

廖煒基對譚光華律師行

Citation

廖煒基對譚光華律師行
Court

Court of Appeal
Case number

CACV267/2015

The statement of claim failed to disclose a reasonable cause of action because it did not plead how the respondent's alleged negligence caused psychiatric or other damage, lacked the medical evidence required for a psychiatric personal injury claim, and was therefore frivolous/vexatious and an abuse of process; the application to adduce new evidence on appeal failed to meet the criteria, so the appeal is dismissed and costs awarded to the respondent on an indemnity basis.