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.
