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Legal Mind Case and Commentary No.3: Preparing Expert Evidence: Reasonableness and Logicality - Dr Hugh Koch and Dr Caroline Formby

25/05/16. Lawyers and experts alike need to ensure expert evidence fully meets the request of CPR. Issues of reasonableness and logicality are discussed below.

Case: “Preparing Expert Evidence”’

Geoffrey Simpson-Scott (Colemans-ctts) (2015) stated that “in Mulholland v Medway NHS Foundation Trust [2015] EWHC 268 (QB), Green J helpfully reiterated a series of principles for the proper assessment of expert evidence on breach of duty at trial. These principles are not new; as he set them out previously in C v North Cumbria University Hospitals NHS Trust [2014] EWHC 61 (QB). As he now set these out twice, it is sensible for practitioners to take heed and apply them during the preparation of their cases, notwithstanding the downward pressures on costs both sides of the profession face”.

The principles of preparing and/or obtaining expert evidence are found at para. 25 of C and para. 81 of Mullholland. They are based on Green J’s review of the previous case law (probably including Stuart-Smith J’s judgement in Loveday v Renton [1990] 1 Med LR 182). These principles are...

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