In Thimmaya -v- Lancashire NHS Foundation Trust, a landmark case and what is considered to be a legal first, Manchester County Court have hit an expert witness with an £88,800 wasted costs order following the decision that the expert had failed comprehensively in their duties to the Court. 

The Judge described the expert as “wholly unable to articulate” the legal test in respect of Breach of Duty in Clinical Negligence cases, despite many opportunities to do so. The Claimant had no choice but to discontinue her claim as a result.

In her Judgment, HHJ Evans found that the improper, unreasonable and negligent conduct of the expert caused the Defendant Trust to incur all of its costs from November 2017, awarding costs against the Expert in the sum of £88,801.68. HHJ Evans added that "Whilst it would not be right to use him as an example to send a message to experts, it is right that experts should all understand the importance of their duties to the court and the potential consequences if they fail in them.”