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Table 24 Personal Injury Actions - Interlocutory Activity (Note 1) by Type [Non-Provisional Bills Only]

 

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

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