Should anyone else be present at the consultation?

Commentary

This is an important judgment that sets out the position taken by the courts as to the presence of another person during an expert assessment. It also touches on remote assessment and calls to mind Snelling v Thomson Alarm Communication System [2003] ScotCS 172:

The position of an actuary contrasts markedly with that of the consultant orthopaedic surgeon who does require to make investigations by examining the pursuer. He cannot simply look up textbooks and expect to obtain some sort of answer.

Learning points

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