The limits of discretion in case management decisions

The limits of discretion in case management decisions Leo Kirby Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB) Background The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had…

Quantum Trial in Cerebral Palsy Case

Quantum Trial in Cerebral Palsy Case John Whitting KC and Thomas Hayes CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) Background The Claimant was a young girl who developed cerebral palsy with severe spastic quadriplegia, profound learning disabilities, visual impairment and epilepsy following severe chronic partial…

Is an Expert Report Prepared for the Purposes of an Inquest covered by Litigation Privilege?

In the matter of an application for Judicial Review by Linda Kercher and Carol Mitchell [2020] NICA 31; [2020] Inquest L.R. 76 NB The judgment was handed down in June 2020, but has only recently been made available online. A niche question, but an important one for those in the…

Third Party Costs Orders and Experts

Robinson v Mercier, Liverpool County Court [2021] 9 WLUK 400 The Court made a Third Party Costs Order (“TCPO”), in the sum of £50,543.85, pursuant to Part 46.2 and Part 46.8 CPR 1998 and Section 51 of the Senior Courts Act 1981, against Dr Mercier, General Dental Practitioner.  Dr Mercier…

Rejection of Expert Evidence

Griffiths v TUI (UK) Ltd [2021] EWCA Civ 1442 Introduction The Court of Appeal has handed down a controversial judgment by majority on the ability of a party to invite the court to reject expert evidence, even when the point in issue has not been put to the expert in…

Some Procedural Issues in Brief

Jarman v Brighton and Sussex University Hospitals NHS Trust [2020] EWHC 3238 (QB) Cherian v Cambridge University Hospitals NHS Foundation Trust [2020] EWHC 3601 (QB) Taleb (A Child Proceeding by His Litigation Friend M) v Imperial College Healthcare NHS Trust [2020] EWHC 1147 (QB) When can an expert in one…

A Lack of Expert Evidence: When to Strike Out?

Quaatey v Guy's & St Thomas' NHS Foundation Trust [2020] EWHC 1296 (QB)  Magee v Willmott [2020] EWHC 1378 (QB)  This article originally appeared in Issue 6 (September 2020). Introduction  “I eventually became proud of my strikeouts, because each one represented another learning experience.” – Willie Stargell, World Series Major League…

Wasted Costs Arising from an Expert’s Breach of Duty

Thimmaya v Lancashire NHS Foundation Trust [2020] PNLR 12  This article originally appeared in Issue 5 (May 2020). An expert witness had failed to fulfil his duty to the court under CPR 35 to provide competent expert evidence and therefore a wasted costs order was made against him for the…

Strike-Out for Failure to Comply with Directions

Bot v Barnick and Others [2019] EWHC 3704 (QB)  This article originally appeared in Issue 4 (March 2020). The facts  The claim arose out of allegedly negligent care given to the Claimant at the Portland Hospital following the birth of her child in 2011, during the course of which she…

Expert Evidence and Material Contribution

Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB)  This article originally appeared in Issue 3 (November 2019). Background  On 3 November 2012, the Claimant suffered a cerebral aneurysm rupture. She was taken by ambulance to Addenbrooke’s Hospital complaining of symptoms principally of confusion. She was discharged…