01 March 2020 Simon Berney-Edwards 1633 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 Disability and exclusion from school Philipa Hodgson v Dr Daniel Hammond & Anor [2025] EWHC 1261 (KB) Unresponsive episodes in a child and the role of chloral hydrate Access to public domain documents pilot A Day in the Life of a Digital Forensics 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.