Robinson v Liverpool University Hospitals NHS Trust [2023] EWHC 21 (KB) (11 January 2023)

Robinson v Liverpool University Hospitals NHS Trust [2023] EWHC 21 (KB) (11 January 2023)

Mr Mercier was qualified to give expert evidence as a general dental practitioner on breach of duty and causation; his conduct did not amount to flagrant or reckless disregard of duty to the court. The circumstances were not exceptional and it would not be just to make a costs order against him.

Citation
[2023] EWHC 21 (KB)
Parties
Claimant: Miss Martine Robinson; Defendant/respondent: Liverpool University Hospitals NHS Trust; Third Party/appellant: Mr Christopher Mercier
Jurisdiction
England and Wales
Judgment Date
11 January 2023
Procedural Posture
Appeal / Appeal Against Third Party Costs Order
Outcome
Appeal allowed
Legal Topics
Third Party Costs Orders, Expert Witness Qualification, Clinical Negligence, Consent in Medical Treatment
Civil Procedure Medical Negligence Costs Third Party Costs Orders Expert Witness Qualification Clinical Negligence Consent in Medical Treatment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Miss Martine Robinson

Claimant

Liverpool University Hospitals NHS Trust

Defendant/respondent

Mr Christopher Mercier

Third Party/appellant

Procedural Posture

Appeal / Appeal Against Third Party Costs Order

Legal Issues

  1. 1 Whether a Third Party Costs Order should be made against an expert witness
  2. 2 Whether the expert was qualified to give evidence on breach of duty and causation
  3. 3 Whether the expert's conduct amounted to flagrant or reckless disregard of duty to the court

Ratio Decidendi

Mr Mercier was qualified to give expert evidence as a general dental practitioner on breach of duty and causation; his conduct did not amount to flagrant or reckless disregard of duty to the court. The circumstances were not exceptional and it would not be just to make a costs order against him.

Court Disposition

Appeal allowed

Orders

  • Third Party Costs Order against Mr Mercier set aside
  • No costs order to be made against Mr Mercier