The Claimant brought a claim for compensation in the UK after he was hit by an uninsured driver while on holiday in Mallorca and suffered major injuries, including severe brain injuries. The court found the evidence of several of the experts to be unsatisfactory leading the judge to preface his assessment of the expert witnesses with the observation that “[t]he court is not bound by the conclusions of any expert if it offends logic and common sense. We do not have trial by experts.”

This is an important case for three reasons.

First, it found that a general practitioner, giving evidence about the depressive disorder diagnosed in primary care, was giving expert evidence. Second, it illustrates the difficulties for courts and tribunals arising from the looseness with which some medical professionals, and most laypeople, use such terms as "depression" ("clinical" or otherwise), "anxiety" and "stress" and to which list can be added, also for the benefit of surgeons, “shock”. Third, it is a good illustration of the approach likely to be taken in an Employment Tribunal disability case.

J v DLA Piper UK LLP [2010] UKEAT 0263 09 1506