Summary

The Claimant suffered serious injuries in a road traffic accident after the Defendant, who was driving out of a side road, collided with the Claimant’s motorbike. Despite being aware of surveillance evidence before preparing his last report, the Claimant’s orthopaedic expert did not reveal his true opinions on the Claimant’s malingering until cross-examination.

Learning points

• Keep an open mind as to the possibility that the Claimant may be exaggerating their symptoms.

• Always state your true opinions in your reports, joint statements, and oral evidence.

• Carefully consider the implications for your opinion of any new evidence and make any changes to your opinion as soon as possible. Never wait until cross-examination to reveal your true opinions to the court.

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