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The implications of being an expert witness.
  • Feb 17, 2020
  • Latest News

One expert who did not fully understand the requirements has just been ordered to pay costs of £88,801.68 plus costs.

Lancashire NHS Foundation Trust, which was the Defendant to clinical negligence proceedings brought by Mrs Samantha Thimmaya, sought a third party costs order against Mr Jamil, Consultant Spinal Surgeon, who was the Claimant’s expert witness.

The judge said that, “Mr Jamil was wholly unable to articulate the test to be applied in determining breach of duty in a clinical negligence case. He was given a number of opportunities to explain it; he was asked the question in different ways; that did not assist him. In the end, he stated that he did not know the test to be applied. The Claimant then had no real choice but to discontinue her claim, he being the only expert upon whom she relied.”

The case ties in with the principle established in Jones v Kaney where experts are liable in negligence for the opinion proffered.
For full details of the case please see.