Costs awarded against medical expert

A clear layering model with familiar links was established between certain entities involved. Following investigations and Part 35 replies it became apparent that the replies of Mr Naveed Khan, the ENT expert, were not adequate, with him "implying" that he had relied on what the Claimant had told him. Consequently DWF applied to call Mr Khan to give oral evidence to Trial. 

The Trial went ahead at Oxford County Court in May 2024 and Mr Khan attended as ordered. Having spoken to Mr Khan in conference prior to the Trial, Claimant's counsel advised the Court that he had been told by Mr Khan that he had not personally examined the Claimant; despite him providing a report stating that he had. Off the back of this admission Mr Khan's evidence was abandoned and the tinnitus claim dismissed. 

At Trial, the Judge made a finding against the Claimant of fundamental dishonesty pursuant to section 57 of the CJCA 2015 as result of the Claimant's exaggeration regarding his psychological symptoms. 

DWF then successfully applied to join Mr Khan into the proceedings as a party for the purpose of costs. 

Mr Khan attended the hearing and following submissions from Defendant Counsel George Davies, now of DWF Chambers, and the written evidence of Clare Senior, Solicitor with conduct of the case, the Court ordered Mr Khan to pay the Defendant's wasted costs assessed at approximately £16,000.00. The Judge found Mr Khan's conduct "concerning" and to be a "wholesale failure that called into question more than just the report in the index proceedings." The Judge furthermore indicated consulting members of the senior judiciary for a possible referral to the Attorney General. Based on Mr Khan's behaviour and the findings made, DWF are also advising Markerstudy Insurance Services Ltd on taking further action. The overall savings for the client are close to £50,000 albeit the wider implications of this finding will of course have a much greater impact on the industry as a whole.  

Once again, DWF's robust Defence strategies, in collaboration with clients in relation to claims layering has achieved a great result. 

“The evidence in support of this claim from a highly experienced Consultant ENT Specialist on face value carried significant weight. It’s truly shocking that Mr Khan would put his name to a report supporting a significant financial claim for an individual he had not personally examined. I welcome the strong message sent by the Court here in its comments and actions relating to Mr Khan.”  Sam Lee, Fraud and Technical Risk Manager at Markerstudy Insurance Services Ltd 

For more information contact Claire Senior