David Stothard, Managing Director at MAPS Medical, provides an update on the recent case of Dr Mercier, and expert witness who was ordered to pay costs for a case in which he provided expert witness evidence.
Dentist Dr Mercier, who was ordered to pay over £50,000 costs of the case where he gave expert evidence, has overturned the decision on appeal. His barrister, Nadia Whittaker at Crown Office Chambers, has written an excellent article which explains why in detail. In summary, the judge on appeal decided that Dr Mercier was properly qualified to give expert evidence in the case, contrary to what the judge at first instance decided.
On appeal, the principles on when an order for costs against an expert witness should be made were reiterated. This is a subject Giles Eyre has previously written on for us here: When the expert witness picks up the bill.
We also shared an article from Colin Holburn on when it may be appropriate not to accept instructions as a generalist rather than a specialist: The remit of general practitioners as expert witnesses. This article still has much to commend it, but it should now be read with the knowledge that the legal decision referred to was overturned on appeal.