The Official Journal of The Law Society of Hong Kong – (Jan 2020)
【TORT 】
.
Timely Reminder :
Procedural Pitfalls to Look out for in Employment-Related Personal Injuries Claims
.
Whilst personal injuries cases are often known to have a greater tendency to settle out of Court, practitioners should be reminded the need for thorough and hands on preparation from early on, with a view to seeing the case tried and tested in Court.
.
A recent High Court judgment in HCPI 523/2016 highlights certain possibly commonplace procedural issues to which practitioners should pay particular attention.
.
Factual Background
In brief, the plaintiff worked at the defendant’s supermarket, and hurt her back as she and a co-worker were moving a plastic box of goods from a pallet onto an empty box on a flat trolley.
.
After obtaining interlocutory judgment by consent in the related Employee’s Compensation Application, the plaintiff sued the defendant for negligence and/ or breach of statutory duty and/or breach of contract of employment in the current proceedings.
.
The outcome of the case is immaterial for present purpose. What could serve as a reminder for us is that the Court identifies certain procedural issues that should have been dealt with which are perhaps commonplace in cases such as the current one:
.
Issue 1. Accident Investigation Report (the “AIR”) Redacted
Issue 2. Illegible Photographs in the AIR
Issue 3. Key Witnesses Not Called
Issue 4. Discrepancies in Sick Leave Certificates
.
Take Away Points
This case serves as a timely reminder for all practitioners in personal injuries practice. In particular, practitioners should: • Always assess the quality of the documentary evidence and follow up early on • Identify key witnesses and obtain evidence from them, especially in cases where liability is contested • Be critical of discrepancies in evidence and consider appropriate actions.
.
Welcome to call our Mr. Tang, to help you better understand your details and explain the relevant legal procedures.