- Non-party costs order made against incompetent medico-legal expert (Thimmaya v Lancashire NHS Foundation)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The court ordered a non-party costs order (NPCO) against a medical expert witness following the defendant’s application for wasted costs of defending the claim brought by the claimant. The order was made on the basis that the expert had been wholly unable to articulate the test to be applied in determining breach of duty in a clinical negligence case, despite being given every opportunity to do so. The consequence of this had been that the claimant had no choice but to discontinue her claim and the defendant had therefore incurred wasted costs. Written by Richard Allen, senior consultant, at Burcher Jennings.
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