Expert Witness Journal Dec 24 - Journal - Page 97
medical experts on that evidence, such that the
Claimant will now not receive the funds for rehabilitation by way of an interim payment.
One wonders if the Claimant had obtained any
witness evidence in advance of the application, or
drafted a Reply to the Amended Defence, whether it
would have actually made any difference. I suspect in
this particular case it would not have done. This was
not a simple question of whether the experts disagreed about the seriousness of an injury – there was
evidence of potential dishonesty before the court,
which had been commented on by the various
experts.
About the author
Dominique Smith
Dominique Smith is an experienced and outstanding
advocate who is regularly instructed and led in complex and catastrophic injury claims for both claimants
and defendants.
Ranked by the Legal 500 2021, 2022 and 2023 and
by Chambers and Partners 2023 as a Rising Star, Dominique Smith was called in 2016 and has a busy practice in travel law. She undertakes work for both
Claimants and Defendants in package travel claims,
contractual disputes, and other related claims. Dominique has a particular interest in cross-border clinical negligence claims and regularly appears in the
Coroners’ Courts.
www.dekachambers.com
EXPERT WITNESS JOURNAL
95
DECEMBER 2024