01 March 2020 Simon Berney-Edwards 2992 Case Updates Thimmaya v Lancashire NHS Foundation Trust [2020] 1 WLUK 437 by Simon Berney-Edwards 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. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login Share Print Tags Personal injuryLegal testWasted cost orderNegligence06. Rules and Regulations11. Report Writing Related articles Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service Board: Independence, Expertise and the Boundaries of Expert Opinion in Remote Clinical Triage Advocate Economists and the Competition Appeal Tribunal EWI Annual Conference 2026: Opening keynote tackles the use of AI in Expert Reports Do not leave it until cross-examination to reveal your true opinion New Guide to Becoming an Expert Witness Switch article R v Foy [2020] EWCA Crim 270, 2020 WL 00927442 Previous Article R v Thomas (Dean) [2020] EWCA Crim 117, [2020] 1 WLUK 421 Next Article Comments are only visible to subscribers.