Hall v Derby Teaching Hospitals NHS Foundation Trust [2018] EWHC 3276 (QB) (27 November 2018)

Hall v Derby Teaching Hospitals NHS Foundation Trust [2018] EWHC 3276 (QB) (27 November 2018)

Permission to rely on neurosurgical expert evidence is refused because such evidence is not reasonably required to resolve the issues in the case. The neurosurgical reports do not establish a link between the index negligence and the right lower limb symptoms or spinal lesions, and existing experts in neurology,...

Source-derived case information.

Citation
[2018] EWHC 3276 (QB)
Parties
Claimant: Miss Sharron Denise Hall; Defendant: Derby Teaching Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
27 November 2018
Procedural Posture
Civil Clinical Negligence / Application for Permission to Rely on Neurosurgical Evidence and Consequential Directions
Outcome
Application refused
Legal Topics
Expert Evidence, Case Management, Costs, Permission to Rely on Evidence
Civil Procedure Medical Negligence Expert Evidence Case Management Costs Permission to Rely on Evidence

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Summary, issues, holding and outcome

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Parties

Miss Sharron Denise Hall

Claimant

Derby Teaching Hospitals NHS Foundation Trust

Defendant

Procedural Posture

Civil Clinical Negligence / Application for Permission to Rely on Neurosurgical Evidence and Consequential Directions

Legal Issues

  1. 1 Whether the Claimant should have permission to rely on neurosurgical expert evidence under CPR Part 35
  2. 2 Whether references to neurosurgical evidence should be excised from existing expert reports
  3. 3 Whether the Claimant is entitled to consequential directions and increased costs

Ratio Decidendi

Permission to rely on neurosurgical expert evidence is refused because such evidence is not reasonably required to resolve the issues in the case. The neurosurgical reports do not establish a link between the index negligence and the right lower limb symptoms or spinal lesions, and existing experts in neurology, pain management, and psychiatry are sufficient to address the relevant issues. References to the neurosurgical reports must be removed from the Claimant's expert reports.

Court Disposition

Application refused

Orders

  • References to Professor Marks' reports must be excised from the Claimant's expert reports and those reports re-served at the Claimant's expense.
  • Extensions of time granted to enable the Defendant to comply with previous directions.