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How Many Routes to Resolution? Let me count the ways…
(Elizabeth Barratt Browning, Sonnet 43) Yes, there are many ways of resolving disputes, and it falls to the skilled
instruct different lawyers at additional cost, everyone is committed to
legal practitioner to choose the right one. It is no longer the case that
reaching a settlement.
going to court is the only way.
Mediation is good in family matters. Specially trained family mediators
In criminal cases, court is the almost inevitable route. But let’s not be
hear both sides in a series of meetings, and help find common ground.
so hasty. If, for example, fraud is detected, going to the police is not
In most cases the parties are supposed to attend a MIAM (Mediation
necessarily the right choice to take. If a business has suffered financial
Information and Assessment Meeting) before they can have a hearing,
fraud – say, an accountant who has stolen cash, falsified records, run
though adoption of this is patchy in some areas.
a scam with suppliers – the size of the fraud can often have brought the enterprise to the brink of insolvency. The urgent need then is to
Whilst I am a civil and commercial mediator, not a family mediator, I have
recover the money – fast. Reporting matters to the police can result in
successfully mediated the financial aspects of divorce. For example, two
them seizing as evidence the very records which are needed to pursue
married GPs had a “job share” sole general practice, but one of them was
the offender. You need a skilled forensic accountant who can quantify
also a part-time occupational health consultant. There were no children,
the loss and help confront the offender for restitution, without destroying
and there had been no violence. Once it was agreed that one would take
the evidence needed if a formal claim must be made, or if a criminal
the GP practice and the other build up their consultancy, and we reached
prosecution becomes necessary.
agreement on house, savings and pensions, there was very little left to agree later.
In big ticket family cases, the FDR is commonplace. A senior family judge hears the evidence in submissions, makes a finding, and encourages the
In civil litigation, the choice is wide. There is of course always the option
parties to go away and agree matters. If that fails, the whole case is
of talking to the other side, and many personal injury practitioners are
heard before a different judge for a binding decision.
fond of the joint settlement meeting.
Members of Resolution are keen on collaborative law, where both spouses
Arbitration is available, and for some cases it is ideal; one can have a
and their solicitors do their best to agree matters in meetings. Since the
fair hearing, before an arbitrator of the right profession to understand
lawyers must stand down if discussions fail, and since the parties must
the issues, and with a legally binding decision; and for big cases it is
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MR OLUSOLA ONI
MBBS, MSc, LLM, MD, FRCSEd, FWACS, FMCS, FRCSEng Consultant Orthopaedic Surgeon & Expert Witness As far back as 1973 Mr. Olusola Oni knew exactly what he wanted to do in life and set about completing the necessary academic training to achieve his goal. This included successfully completing his studies as a Graduate of the University of Ibadan, Nigeria in 1973, following which he achieved his MD and MSc qualifications at the University of Leicester. Never one to rest on his laurels Mr. Oni then went on to further his academic qualifications by gaining an LLM degree at the University of Cardiff, together with a Postgraduate Certificate in Health Care Management and a GDL Degree from the De Montfort University Leicester. Armed with this impressive array of academic qualifications Mr. Oni then gained practical experience whilst undergoing training at Newcastle-upon-Tyne, London, Watford and Leicester. Mr. Oni was bestowed with the honour of becoming a Fellow of the Colleges of Edinburgh, West Africa, Nigeria and England. Holding a Certificate of Completion of Specialist Training - CCST, it comes as no surprise to learn Mr. Oni's name appears on the Specialist Register. Having retired early into fulltime private practice in 2004, Mr. Oni is today acknowledged as a leading Consultant Orthopaedic Surgeon whose area of expertise includes dealing with knee surgery, joint replacement, arthroscopic surgery, sporting and personal injury. Predominantly but not exclusively dealing with knee surgery, Mr. Oni performs both arthroscopic ‘keyhole’ operations, as well as open operations - particularly knee replacement. He has developed a replacement specifically for isolated arthritis of the patello-femoral (knee cap) joint. Mr. Oni also holds Membership to the GMC, Editorial Boards of Int. Journal for Care of the Injured, Reviewer and The Knee.
Expert Witness
Having practised, taught and conducted research specialising in trauma and orthopaedic surgery since 1978, together with his Legal qualifications from Cardiff and De Montfort Universities, Mr. Oni's credentials to act as an Expert Witness are without question irrefutable. Dr. Oni is able to draw on over 30 years experience in preparing medico-legal reports for personal injuries; the majority of which involved road traffic accidents, with the remainder dealing with professional negligence cases. He has performed adjudicating roles for the GMC and for the HM Court and Tribunals Service; having achieved an impressive reputation for writing clear, incisive and concise Woolf compliant reports with a quick turnaround Mr. Oni offers a range of Expert Witness Services including: • Medico-legal Reports for Claimant/Defendant (£300/hr) • Medical Negligence Reports for Claimant/Defendant (£600/hr) • Telephone Conference (£300/hr) • Court Attendance (£600/hr) • Fitness-to-Practice Advice (£600/hr)
FOR FURTHER INFORMATION CONTACT MR. ONI AT
THE NUFFIELD HOSPITAL Scraptoft Lane, Leicester LE5 1HY Tel: 0116 276 9401 Fax: 0116 246 1076 Email: ooni141400@gmail.com SPIRE LEICESTER HOSPITAL Gartree Road, Oadby, Leicester, LE2 2FF Tel: 0116 272 0888 Fax: 0116 272 0666 Email: ooni141400@gmail.com www.orthopaedicspecialistuk.com LONDON MEDICAL CENTRE 142-146 Harley Street, London W1G 7LE Tel: 020 7935 0023 Fax: 020 7935 5972 Email: ooni141400@gmail.com
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A private psychology practice based in Birmingham in the West Midlands, MIDLANDS PSYCHOLOGICAL SERVICES is the brainchild of founder, Dr Dennis Trent a Chartered Clinical Psychologist and an Associate Fellow of the British Psychological Society, who provides expert reports in the field of Child Protection/ Custody issues, Pre-Sentence Reports, Risk Assessments, Fitness to Plead, Learning Disabilities and other court related psychological assessments. Boasting over 20 years experience in providing Psychology Services throughout the U.K. and abroad, it comes as no surprise to learn Midlands Psychological Services has built a strong reputation for providing the highest standards of service. A member of the American Psychological Association and the Royal Society of Medicine, Dr. Trent is certified with the Health & Care Professions Council, and as such maintains the highest standards of professional ethics guaranteeing a standard of service, which is both professional and accountable. The company is heavily involved in Criminal cases, providing an assessment of the level of risk a person may pose to the general public or a section of the public. Such risk assessments occur when the Court is considering the sentence for a conviction or when a
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person is being considered for release or is about to be released from prison. Pre-sentence, Life Review Panel and Pre-release Risk Assessments are often requested by either the Courts or a Solicitor. At Midlands Psychological Services we have a long history of providing such reports to the Midlands area. Dr. Trent added: “Our assessments typically follow a simple dictum – once instructed, we act entirely as a Friend of the Court. Although we may be instructed by one side, our reports are independent and objective. At the end of our reports we may make a number of different recommendations to the Court based on the assessment. We have defended our reports in court and are willing to liaise with the Court after the assessment is completed to ensure that our recommendations and any concerns we may have are fully understood.” Litigation is also an area in which the company has achieved considerable success. Psychological difficulties can often emerge from experiences of trauma. Individuals caught in road traffic accidents can be left with psychological injuries long after the physical injuries have healed. Equally, individuals left with disabilities, either through incidents at work or at home, can find it difficult to adjust to their new lives. Their personalities may change and they may become more stressed or anxious or depressed.
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A Forensic Odontologist in simple terms, is a dentist that specialises in interpreting dental evidence for the courts. The work of a Forensic Odontologist mostly covers the identification of human remains as the dental condition of a body gives a good indication of age at the time of death – therefore reducing the number of ‘missing persons’ being considered. The dental records of a missing person are compared to the dental condition of the body and the identification is then, often confirmed. The Odontologist will prepare a written report for the Coroner in court of law.
Bite Mark Analysis Assailants occasionally leave tooth mark on their victim’s bodies. Unlike a bruise or black eye, teeth marks leave distinct characteristics which can identify and lead to a prosecution or, on the other hand, may exclude other suspects from the investigation. Teeth marks change with time as they heal. In live victims the first person to suspect a bite mark is never the Odontologist, thus it is vitally important to obtain a good undistorted photograph of the marks as soon as possible.
In homicide investigations, a Forensic Odontologist is able to provide detailed information regarding injuries to the head, as well as injuries that have been made by the teeth of the assailant.
Impressions of the suspects teeth are compared, using a measured photograph of the cast, to images of the injury. The Odontologist can then give an expert opinion as to whether the suspect can be excluded from the investigation or not.
In recent years, the work of an Odontologist has evolved from examining teeth in the mortuary to attending police stations to assess the marks on the skin of a victim, therefore leading to the Forensic title.
It is not unknown for faked bite marks to reach court. Self inflicted bites, which are deemed as definitely to be caused by teeth can be analysed using the accused’s teeth patterns and using a logical approach to
2013
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SIMON FULFORD FRCS (Urol) CONSULTANT UROLOGICAL SURGEON & EXPERT WITNESS In personal injury and medical negligence cases.
When it comes to medical negligence and personal injury claims it is vital for those in the legal sector to seek the independent, unbiased advice from a professional Surgeon. When it comes to court cases for compensation for Spinal Injury, Head Injury, pelvic fracture & Urological medical negligence cases, Simon Fulford FRCS (Urol) has become recognised as a leading provider of Expert Witness Reports in to the consequences of such injuries on bladder, bowel and sexual function for Barristers and Lawyers on both sides of the case, as well as for law enforcement agencies. Simon qualified as Bachelor of Medicine & Surgery from London University in1987 and he trained in general surgery becoming a fellow of the English Royal College of Surgeons and Urology in 1992. He then chose to specialise in Urology gaining his FRCS (Urol) in 1999. During his training he worked in many Urology units around the UK and the Princess Royal spinal injury Centre Sheffield.
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He has been Consultant Urological Surgeon at James Cook University Hospital, Middlesbrough for the past 12 years and has a wealth of experience in many aspects of Urology as he explained in a recent interview: “I am one of ten consultants in a very busy department of Urology serving a population in the Tees Valley of over a million. I am also Consultant Urologist to the regional spinal injuries unit based at James Cook University Hospital which provides acute and long term care to patients with spinal cord injury from the whole of the North of England. In addition I also undertake NHS sessions at Darlington Memorial Hospital and a private and medico legal practice based at Woodlands Hospital. My primary interest within Urology is the care of the neuropathic bladder in patients with spinal injuries or neurological disease. I see and manage large numbers of patients with spinal cord SIMON FULFOf Compensation for Post Spinal Injury, Post Accidental Injury, Post 2013 injury, Multiple Sclerosis, Parkinsons disease
Security Industry emag
ELECTRICAL FAILURE INVESTIGATIONS
2013
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Clive Harmer FOCUS ON LUNG CANCER In 2010, in the UK, 42000 people were told they had lung cancer; 115 new cases every day of the year. 86% of these were related to smoking. One in five of cancer deaths in the UK is caused by lung cancer. Eight out of ten lung cancer cases occur in people aged 60 or over. Only 9% of lung cancer patients will survive for 5 years.
biological agents. Some of these can be taken as tablets enabling a patient to carry on working, go on holiday and spend time with family. A medico-legal claim can result from delay in diagnosis which can then cause a delay in treatment, eg at the GP surgery if the patient is not referred for an x ray or to the hospital clinic in a timely fashion. Guidelines stipulate that if a diagnosis of cancer is suspected, then the hospital appointment must be within the next 2 weeks (the 2 week rule). A further opportunity for delay can occur following attendance at the hospital clinic if a biopsy is not undertaken. If the doctors who have a duty of care do not proceed with reasonable speed this will result in
Symptoms may include a persistent cough, shortness of breath, bringing up phlegm with streaks of blood in it, pain when breathing, loss of appetite, loss of weight, or fatigue. Patients with such non-specific symptoms are typically seen at least 3 times by their GP before referral for an x ray as there are usually no physical signs to suggest the diagnosis. Chest x ray is likely to show some shadowing and the radiologist would normally then recommend CT (computerised tomography) scanning. This will confirm a solid abnormality so the next step is to remove a tiny piece from the tumour at bronchoscopy (a look inside the airways via the insertion of a flexible tube known as a bronchoscope). The earlier a cancer is picked up, the easier it is to treat and the more likely it is that treatment will be successful. Once the diagnosis has been confirmed staging investigations will be
significant delay which is termed breach of duty. Delay in diagnosis and treatment does not automatically result in an adverse outcome for the patient. The natural history of the tumour ( for instance whether it grows quickly or slowly) and the response to the tumour by the patient (host factors) will determine whether a cancer can be cured, irrespective of the timing and quality of treatment. The medical expert must assess all these different factors and, drawing upon evidence published in the literature, determine if delay has resulted in a worse outcome. This is known as causation. Causation must be demonstrated on the balance of probabilities, ie that it was more likely than not or more than 50% likely.
required to demonstrate how extensive the tumour is within the body. In a minority
If both breach of duty and causation can be proven then the case for a Claimant
of patients the cancer will be sufficiently localised to attempt complete surgical
will be successful. Conversely the Defendant GP or Hospital Trust may be able to
resection, known as thoracotomy. Provided that tumour cells have not spread into
demonstrate that either unreasonable delay did not occur or that such delay did
the rest of the body, surgery can be curative.
not have a significant adverse effect on the outcome. Fortunately a compromise
Unfortunately lung cancer is typically diagnosed late, because of the vagueness of the presenting symptoms and its rapid rate of growth. If surgery is thought
agreement (settlement) is usually reached by opposing solicitors and barristers such that a Court Hearing is rarely necessary.
not likely to completely remove all tumour treatment with radiotherapy will be recommended. Historically such patients were offered only palliative treatment. More recently intensive radiotherapy has been shown to have promising results, particularly stereotactic radiotherapy where high doses of radiation are delivered; a much lower dose is given to the surrounding normal tissue such that side effects are minimised. In the past drug treatment with chemotherapy was toxic and gave poor results. However over the last few years there have been revolutionary developments and it is now possible to test a patient for genetic mutations which may allow for targeted treatment, resulting in a personalised approach. Clinical trails are on-going but it seems likely that patients are able to live longer using these new
0207 730 8330 07920 494125 cliveharmer@fsmail.net
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Whitewater Ltd
Whitewater Technologies Ltd was formed in 1998 by Dr Pamela E Simpson. With more than 20 years experience in microbial control and biocide applications, Dr Simpson had previously held positions with two companies within the speciality chemicals industry. Based in Stourbridge, West Midlands, Dr Simpson’s pedigree of solving customers’ microbiological problems by the scientific application of wide range of speciality biocides has stood her in good stead to operate successfully with Whitewater Technologies Ltd, with which she has built a vast portfolio of regular clients since the company’s inception.
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With a broad knowledge of the application of microbial control techniques, the advice and support services that Whitewater Technologies Ltd provides include: • Process water control, including microbial influenced corrosion assessment • Product preservation • Antimicrobial surface protection • Re-use and recycling • Efficient minimisation and clean-up • Site Audits to include Legionella Risk Assessments