Thimmaya v Lancashire NHS Foundation Trust [2020] 1 WLUK 437

Nature of case: An NHS Trust sought a third party costs order against an expert witness, a consultant spinal surgeon, who had been engaged as an expert witness by the claimant in clinical negligence proceedings. At trial, the expert had been unable to articulate the test to be applied in determining breach of duty in clinical negligence cases and was not fit to give evidence due to his mental health problems.

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