Weller v Royal Cornwall Hospitals NHS Trust [2021] EWHC 2332 (QB) (19 July 2021)

Weller v Royal Cornwall Hospitals NHS Trust [2021] EWHC 2332 (QB) (19 July 2021)

Given the new evidence from both the defendant's neurologist and proposed neuropsychologist, and the explanation of how such evidence would assist the court in determining causation, the defendant should be permitted to adduce neuropsychological expert evidence. The proportionality of the cost and the need for the defendant to defend a substantial claim justify allowing the appeal.

Citation
[2021] EWHC 2332
Parties
Claimant/respondent: Phillip Weller (by his wife and litigation friend Mrs Diane Weller); Defendant/appellant: Royal Cornwall Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
19 July 2021
Procedural Posture
Appeal / Appeal Against Case Management Order Refusing Permission to Call Neuropsychologist Evidence
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Causation, Case Management, Proportionality
Medical Negligence Civil Procedure Expert Evidence Causation Case Management Proportionality

Case Brief

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Parties

Phillip Weller (by his wife and litigation friend Mrs Diane Weller)

Claimant/respondent

Royal Cornwall Hospitals NHS Trust

Defendant/appellant

Procedural Posture

Appeal / Appeal Against Case Management Order Refusing Permission to Call Neuropsychologist Evidence

Legal Issues

  1. 1 Whether the defendant should be permitted to adduce expert evidence from a neuropsychologist on causation in a clinical negligence claim involving stroke and vascular dementia

Ratio Decidendi

Given the new evidence from both the defendant's neurologist and proposed neuropsychologist, and the explanation of how such evidence would assist the court in determining causation, the defendant should be permitted to adduce neuropsychological expert evidence. The proportionality of the cost and the need for the defendant to defend a substantial claim justify allowing the appeal.

Court Disposition

Appeal allowed

Orders

  • Defendant granted permission to adduce expert evidence from a neuropsychologist
  • Directions to be made accordingly