Two experts – one discipline

ES v Chesterfield and North Derbyshire Royal Hospital NHS Trust [2003] All ER (D) 448 (July) CA; [2003] EWCA Civ 1284

In a claim for damages based on clinical negligence resulting in cerebral palsy, the master had limited the expert evidence to one consultant obstetrician for each party. However, the allegations of negligence were against the consultant obstetrician and an obstetric registrar who, although they would be called as witnesses of fact, would also give evidence of their actions based on their professional expertise. Anybody watching the trial would be impressed by the fact that there was only one consultant obstetrician giving evidence for the claimant, while there would be three giving evidence for the defendant. The claim was for £ 1.5m and the issues were complex. In the circumstances, it was right that the claimant should have her second expert, but nothing in the judgment should be taken as a precedent for the calling of two experts in a single discipline in a case which did not have exceptional features. Indeed, the Court of Appeal contemplated that after the expert evidence had been exchanged, the defendant might be able to persuade the master that it should have yet another expert.