Dr Chris Pamplin looks at the risk a clinical negligence claimant runs if they rely on inadequate expert evidence
- Covers a case where a claimant, first unrepresented and later represented, made a series of mistakes including obtaining unsuitable expert evidence, resulting in their claim being struck out, their having QOCS disapplied and having to pay the defendant’s costs.
Although a party is not procedurally obliged to serve expert evidence in support of a claim, there are some areas of dispute where expert evidence will be considered essential in resolving the issues. A clear example of this would be a claim alleging clinical negligence.
In Read v North Middlesex University Hospital NHS Trust [2025] EWHC 1603 (KB), the court considered the extent to which a clinical negligence claim that lacks specificity and shows no objective impression that it is, or could reasonably be, supported by independent expert opinion should be struck out. The court also considered whether a claim could be struck out by reason of the unsuitability
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