01 March 2020 Simon Berney-Edwards 2871 Case Updates Thimmaya v Lancashire NHS Foundation Trust [2020] 1 WLUK 437 bySimon Berney-Edwards Nature of case: An NHS Trust sought a third party costs order against an expert witness, a consultant spinal surgeon, who had been engaged as an expert witness by the claimant in clinical negligence proceedings. At trial, the expert had been unable to articulate the test to be applied in determining breach of duty in clinical negligence cases and was not fit to give evidence due to his mental health problems. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login Share Print Tags Personal injuryLegal testWasted cost orderNegligence06. Rules and Regulations11. Report Writing Related articles Experts who rise above the fray and fully discharge their duties to assist the Court Car-Wizard Limited v Vixen Surface Treatments Limited [2026] EWHC 685 (Ch) Unregulated Experts in Family Court Children Proceedings Working with Expert Witnesses in Clinical Negligence Claims: Practical Considerations and Common Pitfalls David Abbott & Ors v Ministry of Defence [2026] EWHC 941 (KB) Comments are only visible to subscribers.