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The mandatory duty on range of opinion
Case Updates

The mandatory duty on range of opinion

The Claimant was suing in relation to profound disabilities he suffered due to the Defendant’s admitted clinical negligence. While some of the experts were praised, some were severally criticised by the judge, particularly for failing to consider the range of opinion. Two of the experts were also significantly hampered by their nervousness in cross-examination. 

JBX v Frimley Health NHS Foundation Trust [2026] EWHC 2294 (KB)

Is it within the remit of an expert to decide which witness of fact they believe or disbelieve?
Case Updates

Is it within the remit of an expert to decide which witness of fact they believe or disbelieve?

The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had suffered and, probably, teh claimant's account of the incident. In the judge's view, it is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves.

Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB) 

Crosby v Wakefield MBC, Leeds County Court, unreported, 24 January 2020
Case Updates

Crosby v Wakefield MBC, Leeds County Court, unreported, 24 January 2020

Relevance:      General

 

Topics:            Independence

                        Change of opinion

                        Range of opinion

                        Criticism of a party’s legal team

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