01 March 2020 Simon Berney-Edwards 1876 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 orderNegligence06. Rules and Regulations11. Report Writing Related articles The Medical Expert in Court Andrew Lunt v BAC Impalloy Ltd [2025] EWCC 4 RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th edition, 2025 Investigating possible non-accidental injuries in children DHV (A Protected Party through his Litigation Friend WTX) v Motor Insurers' Bureau [2025] EWHC 2002 (KB) 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.