Hall v Derby Teaching Hospitals NHS Foundation Trust

Practice – Evidence. In a claim arising from the defendant NHS Trust's negligent performance of a laparoscopic cholecystectomy, the need for the formal introduction of expert comment by way of CPR 35 permission was not needed to prove what had been agreed by the parties. Accordingly, the Queen's Bench Division dismissed the claimant's application to have permission to rely on neurosurgical evidence. The court also gave guidance to applicants in relation to CPR 35 applications.

Category: