Expert witness costs settlement & defamation claim

Unfortunately without a court decision following the settlement of a UK County Court claim, information about a recent expert evidence dispute and claim for costs is limited to media reports.

In an article in Litigation Futures, it is said that a personal injury claimant relied on a report by Dr Kerali, a general practitioner. The report appears to have been questioned by the defendant to the claim which led to the involvement of the doctor in the litigation. The claimant abandoned the claim and the defendant sought an order for costs against the general practitioner. That claim for costs is reported to have been initially settled for 40,000 pounds.

A report in Insurance Business (perhaps following a media release published by the defendant’s insurer) suggests that the general practitioner provided exaggerated opinions:

Ageas and BLM conducted a review of 1,000 soft-tissue whiplash cases, including 126 handled by Kerali, and found that the average prognosis from recovery handed down by Kerali was 14 months – compared to an average of eight months among her peers during the same period.

Further comment appears in an online report by BLM Lawyers, who represented the defendant / insurer.

The Litigation Futures article suggests that the general practitioner is now threatening to sue Ageas for defamation over comments it made about her in a media release about the case.


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