Thimmaya v Lancashire NHS Foundation Trust (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. 
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. 
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. 
Click here for judgment
...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.