Chris Richards fights off non-party costs application against medical expert

October 13, 2023

Chris Richards has successfully represented a Consultant Orthopaedic Surgeon who was the subject of a non-party costs application.

The Consultant Orthopaedic Surgeon had given expert evidence in support of a personal injury claim. The Defendant accepted fault for the accident and settled the claim. However, the Defendant argued that the Consultant Orthopaedic Surgeon had been negligent in preparing his expert reports and in doing so had increased the costs that they had to pay. The Defendant argued that the Consultant Orthopaedic Surgeon should be personally liable for over £10,000 in wasted costs.

Chris and his Instructing Solicitors worked carefully to defend against the application. Chris carefully researched the law governing applications for non-party costs orders against medical experts, including Phillips v Symes [2004] EWHC 2330 and Robinson v Liverpool University Hospitals NHS Trust and Mercier [2023] EWHC 21. Chris also prepared a detailed skeleton argument.

Chris was instructed to represent the Consultant Orthopaedic Surgeon during the hearing of the application in Burnley County Court. After hearing submissions, the Judge agreed that the test for making a non-party costs order was not met, and awarded the Consultant Orthopaedic Surgeon £8,100 for his costs of defending against the application.

Chris Richards is a member of the personal injury department at Exchange Chambers, and was instructed by Christine Rowan at the Medical Protection Society.