Clinical negligence specialist Anthony Searle analyses a recent decision on pleading deficiencies, expert evidence missteps, and costs consequences
Introduction
In Read v North Middlesex Hospital Trust [2025] EWHC 1603 (KB), Master Thornett delivered a judgment that should make clinical negligence practitioners pause. The case offers a triple warning for those undertaking claimant work:
- Inadequately particularised claims that lack a counterfactual causation case will not survive.
- Expert evidence must come from the right disciplines and must be obtained prior to serving pleadings.
- QOCS protection is no shield for substantively unviable claims.
The decision illustrates how failures at every stage — from expert instruction to pleading to compliance with unless orders – can culminate in both strike out and the disapplication of QOCS, exposing claimants to adverse costs orders. This blog post analyses the judgment and offers practical guidance for claimant and defendant practitioners alike.