Thimmaya v Lancashire NHS Trust Foundation v Mr Jamil CC Manchester (30 January 2020)

A consultant spinal surgeon who acted as an expert witness in clinical negligence proceedings has been ordered to pay £88,800 to cover the costs wasted as a result of his input.

D to clinical negligence proceedings brought by C, seeks a third party costs order against Mr Jamil, Consultant Spinal Surgeon, who was C’s expert witness in those proceedings. [1]

Mr Jamil was wholly unable to articulate the test to be applied in determining breach of duty in a clinical negligence case. He was given a
number of opportunities to explain it; he was asked the question in different ways; that did not assist him. In the end, he stated that he did not know the test to be applied. C then had no real choice but to discontinue her claim, he being the only expert upon whom she relied. [2]

But Mr Jamil owed important, and significant, duties to the Court. He failed comprehensively in those duties from November 2017 onwards. As a result, a public body has incurred significant unnecessary costs. Whilst it would not be right to use him as an example to send a message to experts, it is right that experts should all understand the importance of their duties to the Court and the potential consequences if they fail in them. [19]

…order therefore that Mr Jamil pay D’s costs from November 2017 in the sum of £88,801.68, and D’s costs of this application. [21]