Neutral citation:
[2020] 1 WLUK 437
Judge:
HHJ Claire Evans, County Court, Manchester
Counsel:
Giles Colin (instructed by Hempsons, Manchester) for the defendant trust
Paul Kirtley (instructed by Slater and Gordon, Manchester) for Mr Jamil (the expert)
Hearing Dates:
Date of Judgement:
30 January 2020
Subject:
Civil Procedure, Cost order
Experts in the case:
Successful party:
Legal cases considered:
GMC Good Medical Practice; Pt 35 Civil Procedure Rules
Guidance Referred to:
n/a
Case Summary:
A Trust was awarded a wasted costs order against a Consultant Spinal Surgeon who had been engaged as an expert witness by the claimant in a clinical negligence case brought in Preston in 2019. At the trial the expert who was instructed by the claimant had been unable to articulate the test to be applied in determining breach of duty in a clinical negligence case and the claim involved a type of surgery he had only performed twice. As a result of his performance in court the claim had to be abandoned. The defendant health authority sought to recover its costs in defending the claim from the doctor on the basis that he had breached his duty to the court under CPR 35 to provide competent evidence. His failings were said to amount to significant failings which amounted to unreasonable or negligent conduct. It is also worth noting although not referred to that the GMC have specific Guidance for expert witnesses. www.gmc-uk.org/ethical-guidance/ethical-guidance.
