EXP v Barker [2017] EWCA Civ 63 (10 February 2017)

EXP v Barker [2017] EWCA Civ 63 (10 February 2017)

The trial judge was entitled to prefer the evidence of the claimant's experts over the defendant's, having found the defendant's expert lacked independence and objectivity, and properly applied the Bolam test in concluding that a competent neuroradiologist would have identified and reported the aneurysm in 1999.

Citation
[2017] EWCA Civ 63
Parties
Respondent (claimant): EXP; Appellant (defendant): Dr Charles Simon Barker
Jurisdiction
England and Wales
Judgment Date
10 February 2017
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Standard of Care, Expert Evidence, Conflict of Interest, Bolam Test, Weight of Evidence
Medical Negligence Tort Law Standard of Care Expert Evidence Conflict of Interest Bolam Test Weight of Evidence

Case Brief

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Parties

EXP

Respondent (claimant)

Dr Charles Simon Barker

Appellant (defendant)

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the defendant negligently failed to identify and report a cerebral aneurysm on a 1999 MRI scan
  2. 2 Whether the trial judge correctly applied the Bolam test to the standard of care
  3. 3 Whether the judge properly evaluated and weighed expert evidence, particularly in light of conflict of interest

Ratio Decidendi

The trial judge was entitled to prefer the evidence of the claimant's experts over the defendant's, having found the defendant's expert lacked independence and objectivity, and properly applied the Bolam test in concluding that a competent neuroradiologist would have identified and reported the aneurysm in 1999.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the High Court judgment in favour of the claimant stands.