Simon Berney-Edwards underlines the importance of providing experts with all the evidence they need to ensure their opinions pass muster
- Those instructing care experts must ensure that they have been provided with all the necessary evidence to ensure that they can fully address the issues, and that their opinions are fully justified and tested against the realities of life.
The recent judgment by Mr Justice Cotter in the case of Scarcliffe v Brampton Valley Group Ltd [2023] EWHC 1565 (KB) provides important direction and lessons to be learned for expert witnesses and those instructing them.
This claim arose out of an accident in 2017 in which Mr Scarcliffe, a tree surgeon, suffered two spinal fractures when a colleague lost control of a solid section of tree trunk, and it fell on him. Judgment had been found in favour of Mr Scarcliffe, and the proceedings in question were therefore specifically to assess damages. The claim detailed significant requirements going forward as two of his five children are disabled. The original claim was for £6m, but the final award was £275,000.
The judge
