01 March 2020 Simon Berney-Edwards 1742 Case Updates Thimmaya v Lancashire NHS Foundation Trust [2020] 1 WLUK 437 bySimon 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 Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Online Procedure Rule Committee Consultation: Inclusion framework and pre-action model Most unsatisfactory expert paediatric evidence Email chains, gross misconduct and the experts who count the cost Should a solicitor use track changes on my expert report 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.