Danny C. W. Tam (譚智偉)



Partner
Email : dannytam@tstong.com.hk
Tel : +852 2522 9432

 
Danny Tam is a partner of the firm. He is also an Accredited Mediator and a Civil Celebrant of Marriages.

Danny served as a co-annotator of the 1st edition and the subsequent reissue of a detailed work of reference on the Employees’ Compensation Ordinance (Cap.282), forming part of the series of The Annotated Ordinance of Hong Kong published by LexisNexis Butterworths. He has been solely responsible for the 3rd, 4th, 5th and 6th reissues of those annotations and his annotations are adopted entirely in 1st, 2nd, 3rd, and 4th editions of Butterworths Hong Kong Employees’ Compensation Handbook which is a handy reference having a special appeal to solicitors, barristers, in-house counsel, insurance executives, human resources managers, businesspersons, judicial officers and all those who are required to deal with the issue of compensation to employees in Hong Kong. Danny has served as a guest lecturer at The Faculty of Law at the University of Hong Kong, who has also given seminars for major insurers, charitable organizations and employment agents of both foreign domestic helpers and their employers.

Practice Focus


Being a litigation and dispute resolution lawyer, Danny is highly regarded for his advisory and claims defence work in personal injuries, employees' compensation, insurance and insurance related litigation. He advises on intellectual property and tenancy matters, as well as a broad range of litigation relating to land disputes, commercial and probate matters. He also has experience in dealing with the financial matters of a mentally incapacitated person by way of making guardianship application to the Guardianship Board and/or application to the High Court for the appointment of a committee under Part II of the Mental Health Ordinance (Cap. 136). He works closely with reputable PRC lawyers and regulatory bodies for cross border transactions and probate matters. Danny also serves as a legal advisor to a number of artists and concert management companies.

Major Representative Legal Matters


Acting for several multinational insurance companies in defending personal injuries and employees’ compensation claims.

Conducted a defence of claim against the Hong Kong Philharmonic Society Limited in the case of Kristan Bowers Philip (HCPI 580/1996). The hearing lasted over 80 days and the Plaintiff was awarded damages for more than HK$17 million. Successfully got the lowest apportionment of liability amongst 5 Defendants.
  Acted as the Defendants/Appellants in Chan Tak Yim v Wong Tit Kin & Anor (CACV 495/2001), in which the Court of Appeal set aside the original colossal award exceeding HK$7 million and remitted the case back to the High Court for assessment of damages.

Defended the Plaintiff’s appeal successfully in Tang Sau Tsan v Wealthy Construction Co Ltd (CACV 58/2000) in which Rogers JA laid down the cardinal principle that medical experts are not expected to give opinion on the percentage of loss of earning capacity.

Acted on the instructions of an insurer in the case of Yardway Motors Ltd v Tam Siu Lun [2005] 2 HKLRD 118 to determine, inter alia, an intricate legal issue: whether an employer has a right of contribution from the third party under the Employees' Compensation Ordinance (Cap.282) and/or Civil Liability Contribution Ordinance (Cap.377) where an employee dies of injuries caused by the negligence of his employer as well as a third party. The Court of Appeal ruled in favour of our client in this landmark decision which substantially change the interpretation of the then existing law.

Represented the defendant in Wong Pou Yin Kennie v Maxim’s Caterers Limited (HCPI 753/2009) in which the Plaintiff’s claim for personal injury damages in respect of a work accident allegedly caused by negligence and breach of duty on the part of her employer was dismissed with costs.

Successfully resisted the claim for personal injury damages by the Plaintiff in Ng Hiu Man v Trade in Asia Limited (DCPI 2640/2013), leading to the dismissal of her claim with payment of costs to the defendant who was represented by our firm on the instructions of its insurers.

Acted for an insured party who googled Danny, and successfully obtained an indemnity on its behalf in respect of a personal injury claim which was originally declined by an international insurer arising from an industrial accident involving multiple layers of contractors.

Professional Qualifications

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Solicitor of the High Court of Hong Kong (1993)
Solicitor of the High Court of England & Wales (1994)
Civil Celebrant for Marriages (2006)
Accredited Mediator of Hong Kong International Arbitration Centre
Accredited Mediator of the Law Society of Hong Kong (2012)
Accredited Mediator of Hong Kong Mediation Accreditation Association Limited (2013)

Education


The University of Hong Kong, LL.B. (1990), P.C.LL. (1991)
Certificate of Completion of Seminar on Mainland Commercial Law jointly held by Peking University Law School – Liaison Office of the Central People’s Government in the HKSAR (2016)

Languages


Chinese
English