EWJ 60 April 2025 web - Journal - Page 69
mind by seeking to assess his or her reactions including body language during submissions'. That being
the case, the witness's views on that were irrelevant,
particularly where the court could simply read the appeal judgment to find out exactly what the appeal
judge actually thought.
Collateral challenges – appeal by the back door
The judge was clear that the alleged negligence of Mr
Coulter had to be assessed against the background of
the factual findings which been made in the Adaptainer
Proceedings. Any attempt by Mr Russell to re-open
those factual findings would be considered an impermissible collateral attack on the findings of the court,
i.e. an attempt to re-litigate the same factual issues
under the guise of a professional negligence claim.
Medico legal assessment of
claimants suffering traumatic brain
injury and psychological injury
arising from accidents and clinical
negligence.
Consulting rooms: London,
Birmingham, Exeter, Thames
Despite Mr Russell's counsel accepting this point, his
claim nevertheless made a number of submissions
which the judge considered to be such collateral attacks.
Valley, Bristol & Manchester.
Saini J was left with an 'overall impression' that this
claim was a form of 'backdoor appeal' against the original decision, as opposed to a legitimate professional
negligence claim.
Sweet and Maxwell.
Co-editor and Author of Brain
Injury Claims, published by
Please visit our dedicated Professional Negligence
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https://brodies.com/expertise/businesses-and-organisations/professional-negligence/
Authors
James Jerman - Senior Associate
Richard Pike - Partner
Dr Luke Gompels
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Consultant Rheumatologist
Clinical Service Lead Rheumatology
Chief Clinical Information Officer
Consultant Rheumatologist and Clinical Service Lead for Rheumatology at Somerset
NHS Foundation Trust
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Other Rheumatological disorders: Gout, pseudogout
Clinical Governance, relating to rheumatological services and care
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EXPERT WITNESS JOURNAL
67
APRIL 2025
