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)

Where reputable experts advise that neuropsychological evidence is required to properly assess causation, and the defendant is entitled to defend a substantial claim, the court should permit such evidence unless the burden to the claimant outweighs the benefit. The Deputy Master's refusal was correct on the information available at the time, but new evidence justifies allowing the appeal.

Citation
[2021] EWHC 2332 (QB)
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 Personal Injury 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 neuropsychologist evidence on causation
  2. 2 Whether the Deputy Master erred in refusing permission for neuropsychologist evidence
  3. 3 Proportionality of additional expert evidence given claimant's condition

Ratio Decidendi

Where reputable experts advise that neuropsychological evidence is required to properly assess causation, and the defendant is entitled to defend a substantial claim, the court should permit such evidence unless the burden to the claimant outweighs the benefit. The Deputy Master's refusal was correct on the information available at the time, but new evidence justifies allowing the appeal.

Court Disposition

Appeal allowed

Orders

  • Defendant permitted to adduce neuropsychologist evidence
  • Directions to be made accordingly