PROVING THINGS 125: THE IMPORTANCE OF KEEPING YOUR OWN EXPERT IN THE LOOP: ALSO THE IMPORTANCE OF READING AN EXPERT’S NOTES
In Swift v Carpenter  EWHC 2060 (QB) Mrs Justice Lambert gave a lengthy judgment in a high value personal injury case. One interesting aspect of that case is the problems caused by the defendant’s expert evidence on care. An additional issue is the expert’s “interpretation” of their own notes. A statement that the claimant would not have commercial care turned out, on examination of the defendant’s own notes, to be much more nuanced.
The claimant brought an action for personal injury damages having suffered serious injuries, including an amputation. The defendant was her partner. The normal rule is that when a defendant provides care then that care cannot be recovered as damages. In this case the parties (more accurately the claimant and the defendant’s insurers) had entered into an agreement that the care provided by the defendant would be taken into account (this would avoid the defendant having to pay for commercial care). However nobody told the defendant’s care expert. It was only noticed shortly before the trial.