12th February 2019
The Claimant insurance company appeals against the order made by Garnham J dated 5 October 2018 when he committed the Third Defendant (a doctor) to prison for 6 months, suspended for 2 years and in the same proceedings the judge committed D1 (a solicitor) to an immediate custodial sentence of 15 months.
The proceedings arose from injuries in a road traffic accident sustained by MI, who was examined by D3 for the purposes of a medico-legal report. D1 was the solicitor acting for MI.
The Appellant submits that the decision to suspend was wrong and that the sentence was too short. The judge failed to attach sufficient weight to the strong public interest in an expert witness receiving an immediate and substantial custodial sentence