header-logo header-logo

The credulity of experts

25 October 2024 / Dr Chris Pamplin
Issue: 8091 / Categories: Features , Profession , Expert Witness , Personal injury , Damages
printer mail-detail
194044
Dr Chris Pamplin looks at a shocking case in which experts failed to spot the claimant’s exaggerations
  • Experts should not assume the people with whom they interact are fundamentally honest.
  • Covers Williams-Henry v Associated British Ports Holdings Limited.
  • Warns experts not to lose sight of causation and to say which complaints are caused by the tort, which are not, and which they can’t establish either way.

Most experts might assume that when taking instructions, the people with whom they interact are fundamentally honest. As was demonstrated in the recent case of Williams-Henry v Associated British Ports Holdings Limited [2024] EWHC 806 (KB), [2024] All ER (D) 44 (Apr), there are dangers for experts who make this assumption.

The claimant had suffered a traumatic brain injury when she fell from Aberavon Pier. The pier was found to have been insufficiently guarded by railings. The defendant admitted liability. However, while settling the level of damages, the court found the claimant had greatly inflated the value of her claim.

Under

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
back-to-top-scroll