In a medical negligence case, the court ordered a pre-trial private meeting between the expert witnesses for the claimant and defendant. The claimant objected, fearing that pressure would be brought on his professional witness by his colleagues, thus denying him a fair trial under article 6.
Held: The aim of the experts’ meeting was to identify and limit the medical issues needed to be decided at trial. It was a necessary function, and the concerns of the claimant could be met by the recording of the meeting.
Judges:
Lord Justice Tuckey and Lady Justice Hale
Citations:
Times 08-Oct-2001, [2001] EWCA Civ 1455, [2002] Lloyds Rep Med 8, [2002] PIQR P14, [2001] CP Rep 117
Links:
Statutes:
Civil Procedure Rules 35.12, European Convention for the Protection of Human Rights and Fundamental Freedoms 6
Jurisdiction:
England and Wales
Civil Procedure Rules, Human Rights, Litigation Practice
Updated: 04 June 2022; Ref: scu.166528
