Split trial

Gow v Harker CA LSG 9 October

In a claim for clinical negligence, the parties persuaded the judge to try the issue of negligence first, so that the issue of causation could be tried at a later stage with appropriate neurological evidence. The defendant appealed against the judge’s finding of negligence. After criticising the judge for delivering an oral judgment at the end of a two-day hearing without taking time for proper reflection on the oral and written evidence, the Court of Appeal held that a trial judge considering the credibility of witnesses in a difficult case would do well to test their veracity by reference to the objective facts proved independently of their testimony and with particular regard to the motives of the parties; the issue of negligence could not safely and reliably be considered in isolation from causation.