Sitting at Kingston upon Thames County Court
B e f o r e :
|X local authority||Applicant|
|Trimega Laboratories and Others||Respondents|
Counsel for the mother: Mr Ronan O'Donovan
Counsel for the father: Miss Laura Bayley
Solicitor for the child: Miss Charlotte Burns
Counsel for Trimega Laboratories Ltd: Mr Roger Hillman
Hearing date 30 September 2013
Crown Copyright ©
"The CDT screening test has been found to be one of the most accurate blood biomarkers for alcohol abuse because individuals with a daily intake of more than 60 grams of alcohol over more than two weeks have elevated levels of CDT. In regular drinkers their level of CDT continues to be elevated for between two to four weeks after abstaining, depending on the original increase in the level that existed for that individual. That means that for most people who are dependent their elevated CDT level will be detected even if they find themselves able to abstain for a short period before a test is performed."
- The solicitor for the mother shall serve this order upon Trimega Labs inviting it to attend at 2pm on 3 September 2013 to explain the error made in the blood test result dated 17 July 2013 and to address the issue of wasted costs should any party make an application for a wasted costs order.
- Any application for wasted costs shall be filed and served on the parties and Trimega Labs by 4pm 28 August 2013.
Phillips v Symes  EWHC 2330 (Ch) in which Peter Smith J at paragraph 95 said "it seems to me that in the administration of justice, especially, in spite of the clearly defined duties now enshrined in CPR 35 and PD35, it would be quite wrong of the court to remove from itself the power to make a costs order in appropriate circumstances against an expert who, by his evidence, causes significant expense to be incurred and does so in a flagrant reckless disregard of his duties to the court".
Bristol City Council v A & A & Others  EWHC 2548 (Fam), a case concerning Trimega but on different facts, in which Baker J said at paragraph 30 "…a high degree of responsibility is entrusted to expert witnesses in family cases. Erroneous expert evidence may lead to the gravest miscarriage of justice imaginable – the wrongful removal of children from their families".