Summary

The claimant, who suffered brain damage at birth, relied on a report commenting on the allegation of negligence prepared by Mrs S, a midwife. The judge was concerned about the objectivity of Mrs S’s expert evidence because she was heavily involved in the business of litigation and gave evidence which he considered was uncompromisingly critical of the defendant.

Learning points

• Be aware of how your CV may appear to the court, especially if you are heavily involved in the business of litigation, with work in your professional field taking a very secondary role.

• Ensure that you are able to explain to the court why this does not impact the currency of your professional competence or your objectivity and independence.

• Making reasonable concessions when giving evidence may be seen by the court as a sign of your objectivity and independence.

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