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Expert witness ordered by the court to pay costs of £50,543.85
- Nov 22, 2021
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The costs order was made in the case of Robinson v Liverpool University Hospital NHS Foundation Trust v Dr Mercier 2021.
The claimant had alleged that a maxillofacial surgeon had negligently failed to remove one of her teeth, following a referral by her dentist.
This was a claim for dental negligence brought by Ms. Robinson, against the Defendant hospital trust, for treatment that she received at Aintree Hospital. At the conclusion of the evidence, Mr. Gray on behalf of the Claimant withdrew her claim. Mr. Maddison for the Defendant trust sought 21 days to consider whether a third-party costs order should be pursued against Dr. Mercier in light of the evidence he had provided. I granted that application. Unfortunately, Dr. Mercier had blanked his screen at this stage in the proceedings and unbeknownst to the court was not listening to this part of the proceedings having left to pick his son up from school. It is not clear to me how much he heard. In the same vein, his screen was blanked throughout much of the first day of the proceedings. His second witness statement suggests that he was similarly not present for some of the hearing prior to giving evidence.