Willmott v The Rotherham NHS Foundation Trust [2017] EWCA Civ 181; Cement, shaking heads and arthritic knees

 

In this blog Tim Petts of 12 KBW considers the recent Court of Appeal case of Willmott where the judge at first instance was accused of bias.

It is always slightly unnerving to appear in front of a judge who says something to show that they have personal expertise in a topic, particularly when drawn from their own medical history.  Will the judge with a bad back be overly sympathetic to a fellow-sufferer, or take the view that the claimant is making a meal of things?  Will the judge be influenced by their own experience – good or bad – while undergoing treatment, or even perhaps use (even subconsciously) what they have been told by their treating doctors as extra-special expert evidence against which the parties’ experts’ opinions will be evaluated? Continue reading “Willmott v The Rotherham NHS Foundation Trust [2017] EWCA Civ 181; Cement, shaking heads and arthritic knees”