In litigation, it is sometimes necessary to obtain reports from expert witnesses and, in such cases, it is often importnant to make sure the expert witness is available to give evidence when the case is heard in court. The danger is that if an expert is not present to be cross-examined, the evidence they present may be regarded as of diminished value by the court.
Such was the case when an optician, who had suffered a whiplash injury when her car was hit from behind by another vehicle, sued the driver of the car that had run into her.
As a result of the injury, she had to reduce her working week from four to three days and included in her claim for damages was a sum of over £350,000 relating to loss of earnings and loss of future earnings. The defendent produced two letters from an orthopaedic surgeon which indicated that the victim's reduction in working time was the result of her persoanl choice rather than a result of her injury. The reports were unclear, but questioned whether the accident was the true cause of the reduction in working hours.
The defendant did not produce the expert in court, so he could not be cross-examined. As the claimant was not given the opportunity to cross-examine the defendant's expert, the judge took the view that it would be unfair for the court to be bound to accept the expert's evidence.
On appeal, the claim that the judge had wrongly discounted the expert evidence was rejected. The original finding of fact stood.
When taking proceedings in court, it is essential to have experienced representation. At Sydney Mitchell, we can help you ensure that your case is put as strongly as possible.
Please contact us on 0121 746 3360 or complete our quick online contact form
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