 |  |
|
 |
 |
 |
 |
|  |
|  |
|
| Table 24 | Personal Injury Actions - Interlocutory Activity |
|
||||||||||||||
Amount Recovered |
Total No. of Cases | Pleadings | Discovery | Interrogratory | Time | Unless Order | |||||
| No. of Cases | % | No. of Cases | % | No. of Cases | % | No. of Cases | % | No. of Cases | % | ||
| < $120,000 | 7 | 3 | 43% | 0 | 0% | 0 | 0% | 2 | 29% | 1 | 14% |
| $120,000 to < $600,000 | 82 | 27 | 33% | 18 | 22% | 0 | 0% | 23 | 28% | 5 | 6% |
| $600,000 to < $1 M | 46 | 16 | 35% | 12 | 26% | 1 | 2% | 13 | 28% | 3 | 7% |
| $1 M to < $3 M | 45 | 14 | 31% | 9 | 20% | 0 | 0% | 12 | 27% | 2 | 4% |
| $3 M to < $5 M | 12 | 5 | 42% | 4 | 33% | 0 | 0% | 3 | 25% | 1 | 8% |
| $5 M or above | 7 | 5 | 71% | 5 | 71% | 0 | 0% | 2 | 29% | 1 | 14% |
| < $1 M | 135 | 46 | 34% | 30 | 22% | 1 | 1% | 38 | 28% | 9 | 7% |
| < $3 M | 180 | 60 | 33% | 39 | 22% | 1 | 1% | 50 | 28% | 11 | 6% |
| Sub-Total | 199 | 70 | 35% | 48 | 24% | 1 | 1% | 55 | 28% | 13 | 7% |
| No Quantified Amount Recovered | 3 | 1 | 33% | 3 | 100% | 0 | 0% | 0 | 0% | 1 | 33% |
Amount Recovered |
Total No. of Cases | Witness Statements | Expert Evidence | Injunction | Others (Note 2) | Interlocutory Appeal (Note 3) | |||||
| No. of Cases | % | No. of Cases | % | No. of Cases | % | No. of Cases | % | No. of Cases | % | ||
| < $120,000 | 7 | 0 | 0% | 0 | 0% | 0 | 0% | 2 | 29% | 0 | 0% |
| $120,000 to < $600,000 | 82 | 3 | 4% | 0 | 0% | 0 | 0% | 23 | 28% | 0 | 0% |
| $600,000 to < $1 M | 46 | 1 | 2% | 2 | 4% | 0 | 0% | 17 | 37% | 2 | 4% |
| $1 M to < $3 M | 45 | 1 | 2% | 0 | 0% | 0 | 0% | 18 | 40% | 0 | 0% |
| $3 M to < $5 M | 12 | 0 | 0% | 2 | 17% | 0 | 0% | 6 | 50% | 2 | 17% |
| $5 M or above | 7 | 0 | 0% | 1 | 14% | 0 | 0% | 6 | 86% | 0 | 0% |
| < $1 M | 135 | 4 | 3% | 2 | 1% | 0 | 0% | 42 | 31% | 2 | 1% |
| < $3 M | 180 | 5 | 3% | 2 | 1% | 0 | 0% | 60 | 33% | 2 | 1% |
| Sub-Total | 199 | 5 | 3% | 5 | 3% | 0 | 0% | 72 | 36% | 4 | 2% |
| No Quantified Amount Recovered | 3 | 1 | 33% | 0 | 0% | 0 | 0% | 3 | 100% | 0 | 0% |
Notes:
| (1) | See Note 1 at Table 23. <back> |
| (2) | Others: see annex to Table 24. <back> |
| (3) | Sees Note 3 at Table 10. <back> |
Annex to Table 24
Breakdown of the Interlocutory Activities Belonged to
"Others" in the PI Cases
Categories |
No. of Applications | |
| I) | Application concerning the title of the parties | |
| 1. | Application by the applicant to be added as the next friend of the plaintiff | 1 |
| 2. | Leave to amend the name of the plaintiff as the co-administratrixes of the estate of the deceased | 2 |
| 3. | Application by the applicant for leave to be substituted as the intended administratrix of the estate of the deceased | 1 |
| 4. | Leave to the applicant be appointed to represent the estate of the deceased and carry on the proceedings | 5 |
| 5. | Application by an applicant (the widow) for leave to be substituted as the defendant and carry on the proceedings | 1 |
| 6. | Consent summons to add the applicant as one of the defendants | 1 |
| 7. | Application for leave to join the third party as the 2nd defendant | 1 |
| II) | Vacation or adjournment of hearings | |
| 8. | Application to adjourn an application to a date to be fixed and with some directions suggested | 3 |
| 9. | Consent summons to adjourn an application to a long hearing and vacate the hearing | 2 |
| 10. | Consent summons for directions and vacation of the hearing | 5 |
| 11. | Consent summons for an adjournment and vacation of the hearing | 4 |
| 12. | Consent summons for time to make payment into court and withdrawal of a summons | 2 |
| 13. | Leave to withdraw the summons and vacate hearing | 10 |
| 14. | Ex-parte application for leave to apply for a checklist review hearing out of time | 3 |
| 15. | Consent summons for an adjournment of the pre-trial review hearing and vacation of the hearing | 4 |
| 16. | Application to vacate a pre-trial review hearing | 1 |
| 17. | Consent summons for the action to be removed from the warned list | 1 |
| 18. | Application for leave to vacate the trial hearing and fix the hearing for the assessment | 1 |
| III) | Various amendments | |
| 19. | Leave to amend the notice to insurer | 1 |
| 20. | Leave to amend the summons | 2 |
| 21. | Consent summons to amend the order | 1 |
| 22. | Leave to amend the hearsay notice | 1 |
| 23. | Leave to amend the final judgment | 2 |
| IV) | Enter judgment | |
| 24. | Application to enter interlocutory judgment | 9 |
| 25. | Consent summons to enter interlocutory judgment on liabilities and ask for directions for assessment of damages | 2 |
| V) | Others | |
| 26. | Application by the solicitors for leave to cease to act for the party | 8 |
| 27. | Application for leave to consolidate with another action | 1 |
| 28. | Application to ask the court to debar certain persons to be called as witnesses | 2 |
| 29. | Leave to discontinue the action against one of the defendants | 4 |
| 30. | Application to dismiss the plaintiff's action for want of prosecution | 6 |
| 31. | Leave to discontinue the third party proceedings | 1 |
| 32. | Ex-parte application to issue a third party notice | 4 |
| 33. | Consent summons for leave to withdraw the third party proceedings | 1 |
| 34. | Application to ask the deponents of the affirmations to be cross-examined before a Master | 2 |
| 35. | Application requesting the defendant to make an interim payment on account of damages | 7 |
| 36. | Ex-parte application for leave to issue a concurrent writ of summons out of jurisdiction | 1 |
| 37. | Leave to issue writ of subpoena | 1 |
| 38. | Leave to not applying the provisions of Sec 27 of the Limitation Ordinance to the plaintiff's cause of action | 1 |
| 39. | Application for payment out of money paid into court after time for acceptance has expired | 1 |
| 40. | Application for leave to set aside a summons for time extension | 1 |
| 41. | Application to set aside the writ of summons for defective service | 1 |
| 42. | Application to set aside the default judgment | 6 |
| 43. | Application to vary the order for security for costs | 1 |
| 44. | Application to stay the proceedings unless the plaintiff submits himself to be examined by defendant's medical experts | 3 |
| 45. | Application to stay the proceedings pending the determination of another action | 1 |
| 46. | Ex-parte application for substituted service on the defendant | 3 |
| 47. | Leave to transfer to the Personal Injuries list and further directions | 7 |
| 48. | Consent summons to withdraw the acknowledgement of service filed | 1 |
| 49. | Leave to withdraw the sum paid into court | 1 |
| 50. | Leave to continue the proceedings notwithstanding a winding-up order has been made against the defendant | 2 |
Total: 133 |
||
======= |
|
 |
|
