Cunningham v North Manchester Health Authority

(1997) 8 Med LR 135

COURT OF APPEAL

Lord Justice NEILL, Lord Justice STAUGHTON, and Lord Justice BELDAM

Appeal — New trial — Fresh evidence — Medical negligence case — Defendant health authority's failure to disclose original X — rays and arteriograms — Minaturised copies supplied to plaintiff's experts — Original X — rays and angiograms supplied to defence experts — Facts coming to light on second day of trial — Counsel for plaintiff declined adjournment — Opportunity for plaintiff's expert, before he gave evidence, to examine originals and compare them with miniaturised copies — New report of expert after trial regarding evidential value of miniaturised copies as worthless — Whether further evidence would have important influence on result of case