01 March 2020 Simon Berney-Edwards 1342 Case Updates Thimmaya v Lancashire NHS Foundation Trust [2020] 1 WLUK 437 bySimon Berney-Edwards Nature of case: An NHS Trust sought a third party costs order against an expert witness, a consultant spinal surgeon, who had been engaged as an expert witness by the claimant in clinical negligence proceedings. At trial, the expert had been unable to articulate the test to be applied in determining breach of duty in clinical negligence cases and was not fit to give evidence due to his mental health problems. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login Share Print Tags Personal injuryLegal testWasted cost orderNegligence05. Rules and Regulations10. Report Writing Related articles JXX v Scott Archibald [2025] EWHC 69 (SCCO) Consent – post-Montgomery A demonstrably incapable and incompetent witness who was not fit to have been put forward as an expert witness A Day in the Life of an Emergency Medicine Expert Witness NMC Health PLC v Ernst & Young LLP [2024] EWHC 3021 (Comm) Switch article R v Foy [2020] EWCA Crim 270, 2020 WL 00927442 Previous Article R v Thomas (Dean) [2020] EWCA Crim 117, [2020] 1 WLUK 421 Next Article Comments are only visible to subscribers.