Graham v Central Manchester Healthcare Trust [2001] EWCA Civ 1697 (13 November 2001)

Graham v Central Manchester Healthcare Trust [2001] EWCA Civ 1697 (13 November 2001)

The case for allowing Dr Stern to be relied on is strong given the small pool of relevant experts, the lack of material difference between a psychologist and psychiatrist in this context, and the recent introduction of the issue by the claimant. The proposed appeal has a real prospect of success, justifying permission to appeal.

Citation
[2001] EWCA Civ 1697
Parties
Claimant/respondent: Susan Josephine Graham; Defendant/applicant: Central Manchester Healthcare Trust
Jurisdiction
England and Wales
Judgment Date
13 November 2001
Procedural Posture
Medical Negligence Appeal / Application for Permission to Appeal Case Management Order
Outcome
Permission to appeal granted
Legal Topics
Expert Evidence, Case Management, Appeals
Civil Procedure Medical Negligence Expert Evidence Case Management Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Susan Josephine Graham

Claimant/respondent

Central Manchester Healthcare Trust

Defendant/applicant

Procedural Posture

Medical Negligence Appeal / Application for Permission to Appeal Case Management Order

Legal Issues

  1. 1 Whether the defendant should be permitted to rely on the evidence of Dr Stern, a psychiatrist, when permission had been given for a psychologist
  2. 2 Whether there is prejudice to the defendant in refusing permission to rely on Dr Stern

Ratio Decidendi

The case for allowing Dr Stern to be relied on is strong given the small pool of relevant experts, the lack of material difference between a psychologist and psychiatrist in this context, and the recent introduction of the issue by the claimant. The proposed appeal has a real prospect of success, justifying permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal granted
  • Costs in the appeal