A recent High Court judgment clarifies a party's disclosure obligations where one party holds no expert reports. The court held that where the plaintiff has obtained expert evidence but the defendant has not, the plaintiff is obliged to disclose its expert reports to the defendant. However, the plaintiff must have supportive expert evidence in order to ground a claim for negligence against a medical practitioner.
A plaintiff's claim for failing to establish negligence on the part of a prominent consultant orthopaedic surgeon has been dismissed. The court ruled that there was no evidence of negligence on the part of operating surgeon and therefore the case must be dismissed. Further, the plaintiff had failed to prove, "on the balance of probabilities", that his explanation of causation was correct.