FFEW EXPERT WITNESS
YEARBOOK
EDITION 2024
HOW TO BE
SUCCESS? Founder, Trainer & Proprietor of the Practitioner to Private Practice™ Transition Program for Physicians Start, Own & Operate a Successful 7Figure Referral Only, Medico-Legal Malpractice Clinic A proven, superior business model for doctors seeking to control their own destiny & build a lasting legacy.
100 %
A 100% referral, non-treatment, work -less/earn-more business model
DR. RODNEY PEYTON, OBE
BSC(HONS) MSC(EDUC) MD FRCS(ENG, ED, GLASG & I) FRCP(LOND) PGDL 35 YEARS AS MEDICAL NEGLIGENCE CASE SCREENER, EVALUATOR AND EXPERT WITNESS. LEADING AUTHORITY IN MEDICAL MALPRACTICE & MEDIATION. OVER 70,000+ LEGAL CASES TO DATE
WWW.RODNEYPEYTONOBE.COM
Bruce Braithwaite Consultant Vascular Surgeon and Honorary Associate (clinical) Professor, University of Nottingham MChir MA MB FRCS FRCS (Gen Surg)
Medico Legal
CONTACT DETAILS FOR MEDICO LEGAL WORK: Tel: 07967 636 769 (Secretary Dawn) Email: expert@bdb.org.uk Website: www.bdb.org.uk
Bruce Braithwaite will take on consultations, conferences and remote hearings for trial by video links Bruce Braithwaite is a teaching hospital Consultant Vascular and General surgeon with a wide range of expertise in arterial and venous surgery, including endovascular abdominal aortic aneurysm repair, and peripheral bypass surgery.
Medico-Legal Reports He has prepared reports for clients involved in trauma and medical negligence claims. He undertakes both Claimant and Defendant work and has been instructed as a Single Joint expert. Bruce Braithwaite has attended Civil Court 3 times in the past four years, Coroner's Court on one occasion, and two video link cases recently.He has civil court experience in hot tubbing. Medical Report turnaround time is usually 8-12 weeks but he can provide reports in 10 working days in urgent situations. Bruce Braithwaite can also supply Screening Reports. Bruce Braithwaite is asked to attend several case conferences each year and, when instructed, has authored joint expert reports, the clarity of which have been complimented by the barristers acting for both parties. Bruce Braithwaite has a particular interest in deep and superficial venous disease, particularly the outcome of deep vein thrombosis. He is an authority on arterial thrombosis, lower limb ischaemia and varicose vein disease. He has experience in the management of vascular trauma. Professor Braithwaite is a core member of the Vascular MDT and Post Thrombotic Syndrome DVT service. He has been undertaking medico-legal work for the past 23 years and has been invited faculty to the Personal Injuries Bar Association Meetings in Oxford and Nottingham. He has been trained in the assessment of clinicians by the NHS National Clinical Assessment Service. He has been Chairman of a Hospital Governance and Risk Management Committee and has been Medical Director for an NHS Community based local anaesthetic service. Bruce Braithwaite is able to arrange vascular ultrasound investigations, to be performed by accredited Vascular Scientists, at the same time as claimants are examined. He has negotiated reduced rates, for Solicitors, for the investigations done. Recent Instructions to provide a medical report 2019 - 48 Instructions ( 25 Defendant, 23 Claimant), One court appearance. 2020 - 76 Instructions ( 26 Defendant, 50 Claimant) 2021- 71 Instructions (27 Defendant, 44 Claimant) 2022 – 58 Instructions (25 Defendant, 33 Claimant) One court appearance. One Video Court Appearance 2023 -69 Instructions (35 Defendant, 34 Claimant). Three video Court appearances ( 2 Coroners)
Training Medico-legal Report Writing, Professional Solutions, St Barts Hospital, 2004 - Clinical Testing of HAVS, Faculty of Occupational Medicine, 2008 - Faculty at Personal Injuries Bar Association meeting, Oxford, 2013 - Faculty at Personal Injuries Bar Association meeting, Nottingham, 2014 - National Clinical Assessment Service Workshop, 2019 Member of the Federation of Forensic & Expert Witnesses.
Tel: 07967 636 769 (Secretary Dawn) Email: expert@bdb.org.uk Website: www.bdb.org.uk
Dr Magdy Y Aglan MB BCh MSc FFARCSI FRCA DEAA FIPP Consultant in Pain Medicine & Personal Injury Assessment PRIZES & AWARDS:
1) The Royal Society of Medicine Prize.....1993 2) Manchester Medical Society – Abbott Prize.....1994 3) ‘Certificate of Merit’ from Hospital Doctors Awards.....1998 & 99 4) Top ten finalists ‘Guild of Health Writers Awards’ and visited HRH Prince of Wales Palace.....2000 UK Register of Expert Witnesses (JSP/ E381) for 21 years
01706 602197 07458 302521 07775 502995 aglanmagdy55@gmail.com
DR M Aglan
info@pain-consultants.co.uk www.pain-consultants.co.uk
Dr Magdy Y Aglan MB BCh MSc FFARCSI FRCA DEAA FIPP Consultant in Pain Medicine & Personal Injury Assessment Dr Aglan can act as an expert witness, including the preparation of medico legal reports and appearing in court, in cases involving his specialist areas of expertise which include: • Assessment of personal injury • Work-related accidents • Road traffic accidents • Whiplash injury • Lower back pain and leg pain • Chronic disability assessment • Anaesthetics-related accidents .
Main Interests include: Back pain, especially Vertebroplasty for fracture spine, nerve root blocks/ Denervation for sciatica, Radiofrequency Denervation for facets, sacroiliac joints, hips and knee joints, Botox therapy for headache and PRP injection and Stem Cell Therapy for sports injuries and joints osteoarthritis.
Contact Person: Dr Magdy Y Aglan Qualifications: MB BCh MSc FFARCSI FRCA DEAA FIPP Phone: 07458 302 521
FEB 2024
DAVID BUNKER
FOUNDER MEMBER OF THE FEDERATION OF MEDIATION AND ARBITRATION RENEWS MEMBERSHIP AND OFFERS A PROFESSIONAL SERVICES FOR BUSINESS LOOKING TO RESOLVE MATTERS BEFORE THE COST OF A LEGAL COURT CASE .
DAVID BUNKER EXPERIENCED EXPERT WITNESS, MEDIATOR & ARBITRATOR.
FORENSIC ACCOUNTANCY SERVICES 2024 DISPUTE RESOLUTION For over fifteen years David Bunker has been applying his expertise as a Chartered Accountant to the resolution of business disputes. ARBITRATION The object of Arbitration is to obtain a fair resolution of a dispute, by an impartial person, without unnecessary delay or expense. MEDIATION Before a dispute ends in court action many parties feel they would welcome the opportunity to have a final attempt at reaching a negotiated settlement. EXPERT REPORTING Often a larger dispute, requires a report, from an accountancy expert.
Davidalbunker@outlook.com
TEL: 07831 784 006
FFEW 2024 AWARD NEWS AWARD FOR ROAD TRAFFIC COLLISION INVESTIGATIONS
PRESENTED TO MARK CROUCH HEAD OF INVESTIGATIONS MSCI., CPHYS, CHFP (COLLISION), AAE, FINSTP, FCSFS, FIMI, FIHE, MITAI.
Federation of Forensic and Expert Witness annouce its Awards for 2024 In any industry there are always organisations that stand out from their peers and set the standards that others in their field have to aspire to achieve. FCIR is an organisation that certainly meets this criteria leading the way when it comes to providing effective ROAD TRAFFIC COLLISION INVESTIGATIONS solutions for the transport industry and legal industry. They have made quite a name for themselves over the years establishing a well deserved reputation as one of the rising stars of the industry and if the last few years are any barometer of what the future holds then there are many successful chapters yet to be written in the FCIR story. The reputation they have is fully justified and is now beginning to earn them more tangible forms of recognition. In the prestigious 2024 FFEW Awards they were given the impressive accolade of being named "Winners of the Services to ROAD TRAFFIC COLLISION INVESTIGATIONS AWARD 2024" a well deserved pat on the back for the team at FCIR. The award is well deserved and further cements their reputation as one of the absolute leaders in their field. With these types of awards we think it’s important to recognise organisations that are bringing something new and innovative to their marketplace. They don’t necessarily have to be the biggest but they have to be an organisation that is trying to offer something different to what is already out there and above all they must offer a great product or service.
We feel that Mark and the team at FCIR, ticks all the boxes and are worthy winners of the award. The award is clearly no accident and will come as no surprise to anybody that has worked with FCIR. There are many factors but first and foremost they are good at what they do with the entire team sharing the same steadfast determination to maintain the high standards that have become such a trademark. What is it that FCIR actually does? They provide tailored solutions for the investigation of incidents involving road users of all types, for a quote or any advise on any matters relating to this subject contact Mark and the team on the contact details below, Congratulations to Mark and the FCIR team a well deserved accolade for all your hard work and investment.
office@FCIR.co.uk 020 3004 4180
Mr Abraham Odumala
MBBS, M.MedSci, FWACS, FRCS (Orth &Trauma) Consultant Orthopaedic Surgeon - Upper Limb Specialist Mr Odumala underwent his training as a junior doctor in Nigeria, Birmingham and Southend. During his time in the United Kingdom Mr Odumala has perused a Masters degree in Orthopaedic Trauma Surgery from the University of Birmingham. Mr Odumala was also appointed as specialist registrar on the Structured Orthopaedic Training Program in Wales and was awarded the CCST in 2010. Mr Odumala was appointed as an Orthopaedic Consultant at Barnsley Hospital in 2012, taking the role as Clinical Lead for the introduction of Enhanced Recovery in Shoulder Arthroscopy Surgery. His clinical interests include Shoulder Surgery, Elbow Surgery, Hand Surgery, Shoulder and Hand Replacements, Complex Upper Limb Surgery, Arthroscopy Surgery, Sports Injury and Enhanced Recovery. Along with having numerous publications to his name, including book citations, Mr Odumala has undertaken advanced training in upper limb surgery provided by numerous prominent surgeons within the United Kingdom specialising in this field. Alongside his clinical work Mr Odumala is a member of several specialist societies, is also actively involved in teaching undergraduate and postgraduate doctors, Mr Odumala is also a panel member of the Foundation Programme ARCP.
CONTACT DETAILS FOR MEDICO-LEGAL WORK: Dept of Orthopaedics Barnsley Hospital NHS Foundation Trust Barnsley South Yorkshire S75 2EP Phone: 01226434594 01226434482 Fax: 01226434594 Email: aoupperlimb@aol.com odumalas@aol.com Secretary: osmo25@aol.com Mobile: 07799164952 07747698936 (Secretary)
Mr Abraham Odumala
D
January, 2024
NEWSLETTER Award For outstanding services to Construction 2024
Keith McMillian from McMillian Associates In any industry there are always organisations that stand out from their peers and set the standards that others in their field have to aspire to achieve. First established over 20 years a go. McMillian AssociatesL is an organisation that certainly meets this criteria leading the way when it comes to providing effective construction solutions for the worldwide construction and legal industry. They have made quite a name for themselves over the years establishing a well deserved reputation as one of the rising stars of the industry and if the last few years are any barometer of what the future holds then there are many successful chapters yet to be written in the McMillian story. The reputation they have is fully justified and is now beginning to earn them more tangible forms of recognition. In the prestigious 2024 FFEW Awards they were given the impressive accolade of being named “Service to Construction winners” The award is well deserved and further cements their reputation as one of the absolute leaders in their field. With these types of awards we think it’s important to recognise organisations that are bringing something new and innovative to their marketplace. They don’t necessarily have to be the www.reallygreatsite.com biggest but they have to be an organisation that is trying to offer something different to what is already out there and above all they must offer a great product or service.
We feel that McMillian ticks all the boxes and are worthy winners of the award. The award is clearly no accident and will come as no surprise to anybody that has worked with Keith. In this edition we will try to give you an insight into the work that they do and the success that they’ve enjoyed. There are many factors but first and foremost they are good at what they do with the entire team sharing the same steadfast determination to maintain the high standards that have become such a trademark. What is it that McMillian actually does? They are McMillan Associates is a highly respected cross sector construction consultancy providing broad spectrum of commercial expertise, contractual and dispute handling, including experience based expert witness analysis, reports and personal testimonies.
2024 AWARD 01 / 02
REQUIREMENTS OF AN EXPERT WITNESS AN EXPERT WITNESS MUST APPEAR IN COURT OR AT ARBITRAL HEARINGS, AS REQUIRED, TO GIVE AN EXPERT OPINION. HIS MANNER SHOULD BE ASSERTIVE BUT NOT DELIBERATELY CONFRONTATIONAL. HE MUST BE SURE OF HIS FACTS AND HAVE THE ABILITY TO DEFEND THEM UNDER CROSS-EXAMINATION.
A HIGHLY EXPERIENCED EXPERT WITNESS Keith’s career has taken him from the construction site(s) to the board room, adding business acumen to his technical qualifications. His sphere of knowledge encompasses most areas of construction, infrastructure and associated industries, allowing him to take a pragmatic view of matters in dispute. As he has proven, Keith is at ease leading a group of international experts as he is supervising a construction site or heading a major commercial department. It is this breadth of experience that provides him with the knowledge and understanding of the complexities and pressures of the wide construction industry which all too often leads to disputes. This basic understanding of the work place and senior management gives him the authority to serve as an outstanding expert witness. He is clear thinking, objective and always willing to undertake forensic research in order to develop a true understanding of the facts and the background to the dispute. Clients can rest assured that the full merits of their position will be presented in a strong unswerving manner. Keith is a registered Expert Witness. Where the dispute features very technical or specialist matters, McMillan Associates is able to put forward experts of similar standing, with the requisite specialist knowledge. If this is not possible McMillan Associates will defer the case to others more qualified to opine on the subject matter.
www.mcmillianassociates.co.uk/expert-witness/ 02 / 02
Why choose McMillan Associates? Over the last twenty years, McMillan Associates has been privileged to be associated with many ground breaking PPP/PFI contracts, working in association with leading funding organisations, international construction conglomerates and world renowned legal and professional firms. This has resulted in an appreciation of both the benefits and the pitfalls of any given contract term. The experience we bring can ensure the correct strategies are implemented, as well as providing essential support when dealing with claims and disputes. Our reputation for excellence has been over 40 years in the making. Few firms can boast the breadth of knowledge, understanding of the drivers and awareness of possible problems as McMillan Associates.
A history of success in a variety of areas
Our track record includes the Channel Tunnel Project, new airports in India, and container ports in Europe and Southern Africa. In addition to this, we have written completely new contracts for technically innovative structures, such as the O&M contract for Dubai’s Palm Jumeirah mono rail.
FEDERATION OF FORENSIC & EXPERT WITNESSES
AWARD
AWARD FOR SERVICES TO THE CONSTRUCTION INDUSTRY
GET IN TOUCH TEL: +44(0)1326 212 242 TEL: +44(0)207 307 5655 EMAIL: CONSULT@MCMILLANASSOCIATES.CO.UK
2024
FFEW AWARD NEWS
Award for IT & Telecommunication services 2024 Tony Sykes is a Chartered Electrical Engineer and a Chartered IT Professional providing expert advisory, expert witness and consultancy services to lawyers, insurers and loss adjusters.Experience in international arbitrations and the High Court TCC. The FFEW has presented Tony with their Award for IT & Telecommuncation services 2024 on behalf of the successful Rockside Consultants.
SEE INSIDE FOR A COMPANY PROFILE Tony Sykes Federation of Forensic & Expert Witnesses
AWARD
Representative Engagements Expert technology advisory services for a US$60m dispute relating to the implementation of an SAP enterprise resource planning software system at a major UK media and broadcasting corporation. Appointed by a major automobile distributor in the Middle East to help negotiate a major Oracle licensing dispute following an LMS audit. Appointed as IT expert in a major arbitration relating to a US$1bn IT dispute centred on the failure of a US$3.75bn patient care records system; Instructed to provide expert opinion on software licensing and to assist insurers prior to settlement following an alleged breach of warranties resulting from the acquisition of a telecommunications business by another multi-national telecommunications company. Instructed to provide IT and project delivery expert witness services in the case of David MacBrayne Ltd v Atos IT Services (UK) Ltd, held before the Outer House of the Scottish Court of Session. Appointed to provide expert determination for an automotive distributor based in the Middle East and its South African SAP implementation partner. Completion of a US$100m SAP platform solution required continuous progress monitoring and reporting on delays due to resourcing and scope changes. Technology advisory services in support of a European consortium engaged in a dispute relating to the commissioning of an open road tolling project in Southern Africa. Appointed by an international loss adjuster to provide opinions on clauses in policies covering cyber loss and data loss. Led several assignments looking at the sources of ransomware attacks and providing opinion on the suitability of the mitigation processes and system security improvements. Appointed in several Warranty and Indemnity cases by law firms and loss adjusters to assess software under licensing. Appointed in several patent infringement and patent validity disputes to give an opinion on the definition of technology terms and to opine on the inventive step from the perspective of a “man skilled in the art”.
Award winning Rockside Consultants, our recommended experts and Specialist in IT and Telecommunications
Mr Tony Sykes Professional Description Chartered Electrical Engineer and Chartered IT Professional Qualifications BSc,CEng,CITP,FAE,MIET,MBCS,MEWI
Tony Sykes is a Chartered Electrical Engineer and a Chartered IT Professional providing expert advisory, expert witness and consultancy services to lawyers, insurers and loss adjusters. Experience in international arbitrations and the High Court TCC. He is a distinguished technology expert, specialising in IT, software, telecommunications, microelectronics and electrical engineering. With over 40 years of experience in the design, development and testing of hardware and software products and systems, he provides a full range of expert advice, consultancy and expert witness services and is regularly instructed by international law firms, loss adjusters and insurers. He has provided expert testimony over 60 times, he is listed in Who’s Who Data Expert 2023. A highly accredited court expert, Tony has provided evidence in international tribunals, arbitrations, adjudications and High Court cases usually in the Technology and Construction Court (TCC). Contact Tel: +44 (0)3301 336 219 Mobile: +44 (0)7813 091 440 Email: tony.sykes@rocksideconsultants.co.uk
FEDERATION OF FORENSIC & EXPERT WITNESSES
AWARD
AWARD FOR IT & TELECOMMUNICATION SERVICES 2024
CONTACT TEL: +44 (0)3301 336 219 MOBILE: +44 (0)7813 091 440 EMAIL: TONY.SYKES@ROCKSIDECONSULTANTS.CO.UK
ROGER H. FLAXMAN ACII, CEDR (Accr) Mediator, MAE Chartered insurance Practitioner Roger Flaxman is Principal Consultant and Executive Chairman of Flaxman Partners Ltd – Insurance Claims Advocates, based in London EC3.
With more than 50 years’ experience in the insurance industry Roger Flaxman is an experienced and highly respected expert to the courts. A member of the Academy of Experts and a qualified Chartered Insurance Practitioner, Roger has over twenty years experience as an expert with well over 200 cases to his name
The company deals mainly in resolving complex, distressed and disputed insurance claims in most classes of general insurance and provides Experts in a number of areas of insurance practice.
Contact: e: enquiries@flaxmanpartners.co.uk w: www.flaxmanpartners.co.uk m: 07979 958120 | p: 0203 972 6440
Forensic accounting is the use of accounting skills to investigate fraud, and other irregularities hidden as financial transactions. In many cases, forensic accounting investigations are used in legal proceedings, but they are also used for compliance efforts and to prevent crimes, also can be use to access risk.
Peter Conaghan Whereas traditional accounting deals in the assessment of business funds and properly conveying information to investors and management, a forensic accountant is called upon to investigate the flow of funds through a business for the purpose of evaluating the paths they take and determine whether illegal transactions have occurred. RA forensic accountant investigates a wide range of different activities related to fraud that can take place within corporate, healthcare, property , mass marketing, hedge funds, and securities trading fields to mention a few. These professionals may also investigate other crimes such as contract disagreements, money laundering, bribery, and embezzlement. While the duties of forensic accountants mainly lead them
TO INVESTIGATE AND ANALYZE, THEY MAY ALSO BE CALLED UPON TO SERVE AS EXPERT WITNESSES IN COURT.
There are instances in which the skills forensic accountants employ are used in more personal matters. In a dissolution of a marriage, for example, a forensic accountant will review the financial situations of both parties as well as their spending to advance the settlement process and to provide attorneys with accurate information to use in court. Forensic accountants are able to trace assets through investment accounts, and they can also identify hidden income or assets.
FFEW E MAGAZINE
3
Importance of Forensic Accountant As a modern discipline, forensic accounting is beginning to see many avenues for additional skills that go beyond accounting and finances. There is a greater need for knowledge of the legal process and information technology. Forensic accounting has seen increased demand because we have seen the emergence of hopeful entrepreneurs and business professionals setting up their own enterprises. Each year, half a million startup companies are established startups, many of them with the intention of operating solely online. With the current reliance on internet technologies, the role of forensic accountants has expanded accordingly. Online financial transactions give prospective lawbreakers a false sense of security because they believe that they can easily conceal their tracks; nonetheless, sophisticated individuals can use the internet to obfuscate illegal transactions, and this is when the expertise of forensic accountants is called upon. With new technology, forensic accountants can sift through countless email messages and ledgers as they look for fraudulent activity, but in many cases, they must still sort through boxes of paper files. Often, employers will encourage obtaining the Certified Fraud Examiner (CFE) credentials because of the technical knowledge it provides for carrying out investigations. With CFE credentials, forensic accountants have an advanced understanding of fraud and data analysis procedures that will aid them considerably in the search for criminal activity.
Forensic Accountant role It is important to keep in mind that forensic accountants may be called upon to investigate matters that will not necessarily end up going to court. In many cases, fraud examinations are conducted to detect irregularities that can be improved upon through staffing or operational decisions. At Forensics4u we are with every step of the way guiding you through and explaining the details of our finding The areas that we cover are as follows
EXPERT WITNESS (EXPERT REPORTS) EXPERT OPINION ATTENDING COURT / MEDIATION MEETING RISK ASSESSMENTS (FRAUD) DETECTION AND PREVENTION DISPUTES RELATING TO FRAUD BOUNCE BANK LOAN DISPUTES FURLOUGH PAYMENT DISPUTES BUSINESS INTERRUPTION CLAIM(S) LOSS OF EARNING/ INCOME QUANTIFY INSURANCE CLAIMS QUALIFY DAMAGES IN CASES OF INJURY/ OR MEDICAL NEGLIGENCE CONTRACTUAL DISAGREEMENTS FINANCIAL CRIME DISPUTES/ INVESTIGATION
FORENSIC ACCOUNTANT ROLE MONEY LAUNDRY ISSUES (COMPLIANCE AND NONE COMPLIANCE) MATRIMONIAL DISPUTES / MEDIATION STAFF TRAINING FOR FRAUD DETECTION AND OR PREVENTION (RISK ASSESSING) SECOND OPINIONS ON AUDITS INTERNAL AND EXTERNAL INVESTIGATION OF A POSSIBLE BREACH(S) OF CONTRACT PRODUCE THE PROFIT AND LOSS REPORT OF THE COMPANY (RETROSPECTIVE OR FUTURE OR BOTH) PLEASE NOTE THIS LIST IS AN EXAMPLE OF THE KIND OF WORK WE ARE CALLED UPON TO ENGAGE IN, BUT IT’S NOT RESTRICTIVE THERE WILL BE MANY MORE AREAS THAT WE HAVEN’T MENTIONED HERE For example, we have been involved with the following over the last few Years Business Interruption Claims quantify losses for many different types of Businesses due to having to closed because of restrictions of the Covid 19 pandemic Giving Expert opinions for Court. Writing Expert report for Court. This is where forensics4u can assist you if you need any assistance with the above areas, please contact one of the team on 07367 151571 0r drop us an e-mail ptcforensicaccs@gmail.com for an informal chat or a quote
FORENSIC & EXPERT WITNESS MEMBER PROFILE 2024 EXPERT REPORTS , COURT APPEARANCES & TRAINING
What is Forensic Accounting ?
BARRY THOMAS MINNERY MA FCMA CGMA FCMI CMgr MAE MCICM
BARRY THOMAS MINNERY MA FCMA CGMA FCMI CMgr MAE MCICM EXPERT WITNESS 2024 I specialise in forensic accounting utilising vast experience as a CFO in business to deliver court compliant expert reports for civil, criminal, family cases and private matters. I have extensive experience at board level in multi-nationals, plc’s, private companies, SME’s and family owned businesses and have been a front-line business manager through all the challenges presented by technological revolution; globalisation; deregulation and recession and boom. As a result I have accumulated a wealth of commercial and financial acumen and a thorough understanding of the drivers and dynamics of business and entrepreunership and have established my own practice as a forensic accounting expert and business adviser. As a sole practitioner I prepare all the material for my reports myself and work to a maximum four week turnaround working with clients to agree a date for delivery to meet client/ court directions. I accept instructions nationally and undertake legally aided work I have worked as a part time lecturer preparing and presenting material to mature students studying for professional qualifications and have over 10 years experience in non executive advisory roles. I currently acts as a part time non executive adviser to an international business from which I retired as CFO. I am regulated by three chartered institutes for professional and ethical standards and am a Full Member of the Academy of Experts. I am registered with the ICO and have Enhanced DBS certification. I hold a Practising Certificate from the Chartered Institute of Management Accountants which is renewed annually and am regulated by the same body for Anti Money Laundering.
BUSINESS CAREER My business career has embraced multinationals, plc’s, sme’s and family-owned businesses in a wide range of industries as a CFO and business manager which has been recognised with the Chartered Manager designation which is the highest business management qualification. I have lectured to mature students studying for professional qualifications and presented financial appreciation courses to business executives. I have part-time non-executive roles providing advice to directors on strategy and governance and have acted as a trustee with a multi school academy. My membership of three chartered institutes ensure I work to the highest professional and ethical standards and my extensive business experience complements my forensic accounting skills with proven and accredited business acumen.
Barry Minnery Expert work 2024
EXPERT WORK I have prepared court compliant reports for:
Criminal: Proceeds of Crime Act; fraud and theft for Defendant and Crown including joint statements; regulated activities under FSMA 2000; cryptocurrency trading
Civil: Personal injury; loss of profits and earnings; business interruption including joint statements; business valuations in relation to Section 994 petitions Family law: Sole joint expert reports on business valuation for divorce; I have acted as a Client Representative at 1st tier tribunal appeals for CMS; carried out financial investigation for CMS; Probate and IHT as attorney for foreign domicile; advised on Continuing Healthcare and Capital Gains Tax for buy to let
Court: Testimony under oath in Criminal Court
2024
BARRY THOMAS MINNERY Chartered Accountant & Forensic Expert I am a Practising Member of the Academy of Experts and the Society of Share and Business Valuers and am on the experts register of: ·Register of Accredited Accountant Expert Witnesses ·National Expert Witness Agency ·UK Register of Expert Witnesses (vetted) Law Society
TRAINING & CPD ·Bond Solon Excellence in Report Writing ·Bond Solon Expert Conference 2020 and 2021 ·APIL Expert Conference 2021 ·ICAEW Forensic & Expert Witness Conference 2022 and 2023 ·Academy of Experts webinars
Contact : Barry Minnery MA FCMA CGMA CMgr FCMI MCICM Phone: 07537 921 446 Email: b.minnery@live.com
DAVID BUNKER
CHARTERED ACCOUNTANT& FORENSIC EXPERT David has had a long- standing involvement with Many of David’s referrals come from firms with whom Dispute Resolution, and is a long established Member he has existing professional connections. However, he of the Chartered Institute of Arbitrators and the would also welcome involvement with new contacts. Academy of Experts. ‘Some of these will be professional firms who have perhaps not used the services of a professional He has acted as an Arbitrator in both formal hearings Forensic Accountant before; I am also receiving and written matters, and has acted as both a Single Joint Expert and Party Expert on numerous occasions. approaches direct from individuals at the early stage of a dispute who need guidance as to how to proceed’. These experiences have enabled him to apply his Accountancy expertise to a wide range of issues; David would expect any new assignment to start with a shareholder and partnership disputes, business general discussion reviewing the issue arising and valuations, professional negligence claims, matrimonial disputes and insurance claims. He welcomes the range considering the precise nature of the requirement for a Forensic Accountant to assist. Just the very process of of work and professional challenge that each discussing the issue with an appropriate professional assignment demands. can often help to clarify the nature of the issue. David has now announced that he has passed his David Bunker now has time to dedicate himself to established general accountancy practice on to other practitioners. This will enable him to concentrate fully forensic accounting thus utilizing accounting, auditing, on matters arising within the range of his professional and investigative skills to conduct an examination into the finances of an individual or business. David Bunker expertise. can supply forensic accounting and he will provide In David’s opinion the move full time into the area of accounting analysis suitable to be used in legal Forensic Accounting is well judged. ‘My impression is proceedings so moving forward. that there is a groundswell of unresolved financial and professional matters that are likely to rise to the surface as we gradually emerge from Lockdown’ he says.
P.O.C.A I Audits | Financial Fraud | Commercial Disputes
www.mediatorandarbitrator.forensicandexpertwitness.co.uk
DAVID BUNKER Arbitrator & Mediator I have been involved in resolving a great many commercial disputes either by means of Arbitration or by Mediation.I have a great respect for both processes but find it inescapable that some disputes get settled by Arbitration when Mediation would have been more appropriate and vice versa. In this article I will highlight the salient differences and give some pointers as to which process to use. The first difference is the availability of the process. Mediation is available as an option before proceeding to trial for almost any commercial dispute. Indeed, it is positively encouraged by the Court, who are likely to penalise a successful litigant who has declined to first try Mediation by restricting the Costs awarded. By contrast an Arbitration can only be entered into if there is a contractual agreement that Arbitration can be invoked in the event of a dispute, which pre- dates the dispute that has now arisen.
In my experience a Mediation can be arranged more quickly than an Arbitration Hearing. I have never been involved in an Arbitration Hearing where the Parties did not opt for a quasi judicial setting, with Counsel representing each side and Court formalities observed. The crucial distinction between the two procedures is that an Arbitration results in a decision which is binding and a Mediation does not. At the end of a Mediation the Parties can either come to an agreement or accept that they will meet each other again in Court.This is simply not the case with an Arbitration; the Arbitrator will provide a decision which is very difficult to overturn.
This crucial difference has a significant effect on the approach and demeanour of both Parties.In Both methods of Dispute Resolution are often my experience, some Parties enter a Mediation presented as being relatively informal. This simply to test out the resolve of the other aspect has, perhaps, been overstated. Both Party. This cannot be the case with Arbitration. methods do offer a route for resolution of the The Arbitration Hearing is the first and final matter in question without the formalities, costs and timescale of the Court, but they have built up opportunity for each Party to present their case before an independent third party. their own procedures. Both procedures can proceed as fast as both Parties are able, at a venue mutually agreed, and to that extent there are obvious cost savings.
David Bunker
David Bunker Services Forensic Chartered Accountant
Qualified as a Fellow of the ICAEW while working for KPMG. In public practice as a Chartered Accountant from 1987 until 2020. Resigned from general practice to concentrate on Forensic and Expert Valuation work. Wide experience of privately owned businesses, in valuing shares in those businesses. Particular expertise in partnership disputes and the concerns of business valuation. Expert in determining disputes between public bodies and private contractors. Experienced as an accountant in negotiating and acting as advisor in numerous financial settlements and business disposals.
Arbitrator, Member of Chartered Institute of Arbitrators
I have acted in over fifty arbitrations, both written and oral. I have a particular interest in business disputes between partner proprietors of a business, whether based as partnership or limited company, and commercial disputes between businesses.
Mediator I mediate on a wide a range of commercial disputes and have gained a positive record of results. I have achieved notable success in enabling resolution by finding a middle ground that is acceptable to both parties.
Expert, Member of Academy of Experts Frequently nominated to act as Single Joint Expert and Party Expert reporting on matters relating to business valuation, calculation of profits, business dissolution and insurance claims and appearing in Court to present my findings in matrimonial and other matters. Contact David Bunker now for help on any of the above issues
davidalbunker@outlook.com TEL: 0117 4037799 | 07831 784006
www.mediatorandarbitrator.forensicandexpertwitness.co.uk
Mr Rod Appleyard MSc, BSc(Hons), FRICS, FCIArb, MCIOB, FPD, MBINDT, MEWI,Chartered Building Surveyor, Chartered Project Manager, Accredited Mediator (CMC), Registered and Accredited Expert Witness.
FORENSIC INVESTIGATORS OF FENESTRATION AND BUILDING ENVELOPE DEFECTS At Verification Associates, Rod Appleyard Chartered Building Surveyor, MSc (construction Law) BSc (Hons) MCIOB, FCIArb, MEWI. Rod is a Chartered project Manager, Accredited mediator and Expert Determiner. Rod Appleyard holds a CUBS diploma from the Law Faculty of Cardiff University and an Aberdeen diploma for scottish court AUBS. showing that he is fully trained in all aspects from compiling a report in a manner that is acceptable to both the legal profession and courts. This, along with being a member of The Expert Witness Institute and fellow of Chartered Institute of Arbitrators, shows the depth of commitment to the role of the independent expert that is applied.
Our services : Accredited mediator Thermal imaging Arbitration service Adjudication service Expert witness Expert Determiner
Rod works in mainly the civil arena but also takes instruction on criminal cases.
Phone: 01274 569912 Mobile: 07785 232934 Email: VAssc@aol.com
2024
Dr Laurence Ball
MSc PhD GradIOSH
NEWSLETTER DR LAURENCE BALL MSC PHD MSRA MIRM GRADIOSH RISK MANAGEMENT CONSULTANT "Dr Laurence Ball is a leading expert in the management of risk of leisure, sports activities and public safety. His expertise is underpinned by a PhD in risk management from King's College London, an MSc in the same subject, and well over a decade of experience of expert witness services in relation to all manner of leisure and public safety accidents as well as more traditional OSH incidents. He is also a keen participant in sports and recreational activities, giving him immersive experience to add to his academic knowledge. He has presented at international risk management conferences and published research in international academic journals on public safety and risk management, risk assessment, OSH, risks and benefits of leisure and proportionate risk management."
Contact:laurence.ball@ramarisk.com Get in touch
‘Leading expert in cross-sectoral risk management decision-making.
His areas of expertise include: • Accident investigation
Water slides safety • Historic environment
• Accident prevention • Accidental injuries • Adventure activities safety • Canal safety • Countryside safety • Consumer safety • Safety in education
• Safety in industry • Leisure activities safety • Leisure accident investigation • Local authorities safety • National Parks public safety • Occupational safety
• Safety in physical education
• Sports injuries
• Falls accident investigation
• Playground injuries
2024
PROFESSOR PETER ROBERY FREng CEng FICE FCS FICT Newsletter
Forensic Engineering and Expert Witness With over 38 years in the construction industry, I know how important it can be to find the right independent professional advice when you need it most. During my career, I have provided troubleshooting services to both the civil engineering and building sectors. I specialise in solving problems with concrete materials technology, applied to both new build construction and the management of existing assets that are deteriorating prematurely or unexpectedly. With experience in all common construction materials, including masonry, asphalt, concrete and steel, I can offer you the latest advice in forensic engineering and deterioration management for your assets, including maintenance and remediation strategies. te Society (FCS), Fellow of The Institution of Civil Engineers (FICE), Fellow of Concrete Society (FCS).
Professor Peter Robery FREng CEng FICE FICT FCS Director, Robery Forensic Engineering Limited RAEng Visiting Professor in Forensic Engineering, the University of Birmingham Tel: 01564 205215 Mob: 07961 098374 Email: pcr@roberyforensics.com Web: www.roberyforensics.com
PROFESSOR PETER ROBERY FREng CEng FICE FCS FICT
Robery Forensic Engineering Limited RAEng Visiting Professor in Forensic Engineering, the University of Birmingham I have over 38 years of experience in the field of civil engineering and concrete construction technology including inspection, testing, maintenance and repair. A Chartered Engineer recognised at the highest level by the Engineering Institutions, I am founder/director of Robery Forensic Engineering Limited. An accredited expert in failure investigation & forensic engineering, I have given evidence many times as expert witness on concrete and construction issues, with experience in Technology and Construction Court, Arbitration, Mediation, Adjudication & Public Inquiry. My fields of expertise include: appearance of structures and visual assessment basement concrete construction and waterproofing brickwork, stonework, masonry, cast stone and mortar compositions car park specification, construction, maintenance and repair coatings for the protection and repair of concrete concrete compliance, specification and quality control to EN206/BS 8500 concrete placing, bleed and shrinkage cracking diaphragm wall construction disaster investigations, including fire, bomb and water damage external concrete hardstandings and freeze/thaw resistance general forensic examination of construction failures industrial warehouse ground floors, screeds and toppings liquid-retaining structures, water stops and leak sealing no-fines concrete and other concrete housing paints, coatings and membranes for concrete performance of air entraining and workability admixtures piled concrete construction PQ concrete and requirements for air entrainment sewage treatment and purification systems steel, carbon and polypropylene fibre-reinforcement test methods for concrete and data interpretation tramways and light rail in concrete surrounds s
Professor Peter Robery FREng CEng FICE FICT FCS Tel: 01564 205215 Mob: 07961 098374 Email: pcr@roberyforensics.com Web: www.roberyforensics.com
QUESTIONS AND ANSWERS
Get all the answers to your frequently asked questions in one place. With our interview with Dmytro Tupchiienko
DMYTRO WE BELIEVE THERE HAS BEEN A RESTRUCTURE IN YOUR CAREER RECENTLY THAT ENVOLVED YOU MOVING ON AND COMMITING YOURSELF TO TAKING ON MORE OF THE FORENSIC ACCOUNTANCY WORK ,CAN YOU EXPLAIN WHAT HAS HAPPENED AND WHAT YOU ARE GOING TO BE FOCUSING ON AND DEDICATING YOUR TIME TO NOW ? I have added another accountancy qualification to my chest and this helped me to increase my profile and acquire several new clients. I am currently focussing on transborder deals, and have already amassed a great deal of court presence across the country, as well as internationally.
HOW DID YOUR CAREER EVOLVE INTO YOU BECOMING AN EXPERT WITNESS? I was part of the disclosure team at one of the Big-4 companies in London, and to become an expert witness was part of the tea room gossip. I made some enquiries and decided to have a go with the BondSolon study track. After completing their courses (for both England and Wales, and for Scotland) I also joined (reciprocally) the Expert Witness Institute and the Academy of Experts, albeit at different grades.
WHAT HAS BEEN YOUR MOST CHALLENGING EXPERT WITNESS CASE TO DATE? There is no such thing as an easy case all of them have their challenges, whether big or small.
I KNOW THAT YOU DEAL WITH A RANGE OF CASES, BUT CAN YOU SPECIFY A COMMON CASE THAT YOU TEND TO DEAL WITH ON A REGULAR BASIS? There is no such thing as a 'common case. Forensic accounting is an art, not a trade, and each case is unique.
WHAT IS YOUR AVERAGE TURNAROUND TIME FOR A REPORT? There is no specific time limit for conducting a forensic audit. It is done when there arises a need for investigation in the company. Such audits are nonrecurring and unforeseen. It all depends on the amount of work required, however in most cases it will be between 3-4 weeks after receiving all the information and documentation to enable me to complete the report. Larger and /or more complex cases may take longer. Should a report be required at short notice, I will ensure that the timetable is adhered to. I have never missed a deadline yet!
HOW OFTEN WOULD YOU SAY YOUR CRITICAL ANALYSIS THE GAME CHANGER IN A CLAIM? I would say in 50% of cases
WHAT DO YOU FEEL IS KEY TO BEING AN EFFECTIVE EXPERT WITNESS? The key to being an expert witness is to be able to think out of the box, and to apply non-standard (yet still legal) practices and techniques.
HAS ANYTHING CHANGED IN THE YEARS OF YOU ACTING AS EXPERT WITNESS FOR CLIENTS? I.E NEW TECHNOLOGY AND WHAT TECHNIQUES DO YOU USE? Yes, the advent of a new accounting software keeps me abreast with new IT developments. Another constant change is tecnology-based HMRC requirements which tend to change every now and then.
WHAT ARE YOUR QUALIFICATIONS WITH IN YOUR INDUSTRY SECTOR AND QUALIFICATIONS THAT SUPPORT YOUR EXPERT WITNESS WORK? I am a qualified accountant both in the UK and in Australia. I am also a member of the BondSolon Expert Witness Register, The Academy of Experts and The Expert Witness Institute.
IS THERE ANY ASPECT OF EXPERT WITNESS THAT YOU FEEL WOULD SURPRISE SOMEONE WHO WAS CONSIDERING ADDING THIS TO THEIR CV? As ones grows older, there is nothing which could surprise one :). Certain things remain constant, however - being an expert witness is definitely for grownups, not for youngsters. You may call it ageism (I call it experience) but if I were a client, I could hardly take in account or listen to an expert who has, say, less than a decade of experience under his or her belt...
WHAT MAKES YOU OR YOUR COMPANY THE GO TO EXPERT WITNESS IN YOUR SPECIFIC FIELD? This job is significantly referral-based; however, a certain amount of publicity might be required (conferences, professional events, networking etc.)
we are your expert in providing the right solution in dispute resolution and several other areas of expertises
FORENSIC ACCOUNTANCY
YOUR BUSINESS IS OUR BUSINESS
&
DISPUTE RESOLUTION
CONTACT US NOW
0845 8623260 info@hcaconsultancy.com HCA Consultancy Adam House, 7-10 Adam Street London WC2N 6HA
www.hcaconsultancy.com
LENNIE HARRIS
Why would you use a forensic accountant? By Lennie Harris. C.A Associate Member of the Expert Witness Institute Using a forensic accountant makes perfect sense when there is a need to understand the financial figures relating to the litigation, evaluating losses relating to claims, providing second opinions, challenging other parties claims and ultimately, when required, providing expert opinion in court. My own experience, especially dealing with Proceeds of Crime (POCA) orders, where the amounts demanded by the court can be arbitrary and bare no relationship to the actual money gained through crime. My independent reports have been successful in helping many prisoners faced with these problems as I know what I am looking for in the books and records whereas just producing invoices will not help in the same way. To get the full benefit of using a forensic accountant is to bring him in early rather than simply request permission of the court to use him during the trial proceedings as an expert witness.
DIGITAL MARKETING
With POCAs I’m frequently retained by legal firms to guide their clients through the confiscation proceedings. During the sentencing hearing, a timetable will be set which will outline various dates for the service of statements by you and the prosecution.
&
ONLINE BUSINESS
The POCA timetable will set out the date for service of your client’s Section 18 /16/ 17 Statements. This is the order that the Statements will be served in. The S.18 Statement served by you will outline his or her available assets. This can be anything from property, cash, cars, jewellery, and savings. It will also outline exactly what assets are available that can be sold to pay off the confiscation order. The Prosecution will then serve the Section 16(3) Statement. This outlines the Prosecution’s case against your client showing what is the financial benefit as a result of the crime and the assets available to repay it. It is prepared by a financial investigator for the prosecution who will go through the bank accounts, highlighting any unidentified credits that he believes are from criminal conduct. He can go back six years. When you see the statement, you may be surprised by the size of the benefit figure. This is where close examination and discussion of the entries with a forensic accountant can help reduce the amount substantially. It is my job to work closely with you as part of your team. The ‘burden of proof’ is on the Defendant to provide the necessary evidence to challenge the Prosecution’s case. The Section 17 Statement that you serve, must be prepared with the utmost care. You may want to challenge the Prosecution’s valuations of assets such as property, by obtaining expert valuation reports.
Family members may believe that there are assets which belong to them or that they are entitled to an interest in them as they are not the Proceeds of the Crime. This can be the basis of a separate application to court.
DIGITAL Once the statements have been served there is usually some discussions between the parties MARKETING to try and reach a fair settlement without the need to approach the judge. I will usually be
&
involved in these discussions as a forensic accountant’s contribution can help achieve a reduced settlement.
Once the case has concluded, a Confiscation Order will be made which will outline the concluded benefit figure and the amount that is available. These assets will be listed, and a deadline given for the amount to be paid. This is usually three months but can be extended by a further three months. Once the six months is up, interest will accrue daily. If the client is unable to pay the amount after that, the time in prison will increase. With such a tight timetable, it is very important to seek professional advice from an experienced Forensic Accountant as soon as dates have been determined. I’m often approached directly by the Defendant to recommend a solicitor who is experienced in this field. I am available to act as an expert witness during the court proceedings.
ONLINE BUSINESS
For further information call 0845 8623260 or email info@hcaconsultancy.com .
HCA Consultancy, Adam House, 7-10 Adam Street, London WC2N 6HA or Swan Building, 20 Swan Street, Manchester M4 5JW
FFEW NEWS Winter 2023
APRSO21117.indd 2
10/08/2023 13:53
Dr Raj Kumar Dental Expert DR RAJ KUMAR BDS LDSRCS MSC IMPDENT MAGDS RCSED PGCERT FACIAL AESTHETICS PGCERT ORTHODONTICS EXPERT WITNESS Dr Raj Kumar BDS LDSRCS MSc ImpDent MAGDS RCSEd PGCert Facial Aesthetics PGCert Orthodontics Expert Witness “Not for ourselves are we born” Marcus Tullius Cicero Dentistry is not an exact science, with a small number of dentists and patients coming to disagreement. The patient complaint may be justified or frivolous and so it takes an expert to help the court in coming to a decision of wrong or right. Expert witnesses help the court in giving an educated opinion on what action was taken and what was the outcome, whether to the accepted standard or below.
ABOUT DR RAJ KUMAR Dr Kumar qualified from Guys Hospital in 1989 with a BDS. In 1990 he obtained his LDS RCS from the Royal College of Surgeons London. He worked as an NHS dentist from 1990 and set up a private practice in 1995 in the West End of London. He has been at the forefront of cosmetic dentistry since 1995 and started placing dental implants soon after.
We strive to take care of your dental legal case to the highest standarts.
For the last 25 years Dr Kumar as maintained a private practice from Harley St London and currently in the city, having sold his NHS practice in 2017. For the last 10 years Dr Kumar has been involved in discussions with local dental committees, primary care trusts, the General Dental Council, the Dental Complaints Service with regards to helping colleagues with either patient or regulatory complaints. He has helped develop examination and consent templates that have helped colleagues to satisfy PCT and GDC undertakings. His wealth of experience and postgraduate knowledge has helped his peers to satisfy patients’ wishes and avoid patient complaints. He acts as a mentor to dentists that contacts him with any regulatory problems. He has acted as a mediator for patients as well. Doctor Kumar as an ability to read into patient treatments and to decipher the important tracts that relate to consent and treatment provided. Having a good understanding of dental guidelines and expert literature helps Dr Kumar to create informative and corresponding medical legal reports. Dr Kumar maintains that the gold standards in dental guidelines should only be followed by those equipped with the necessary qualifications and that all peers should be treated at the level that they were educated to; notwithstanding that all colleagues must keep abreast of all dental guidelines published by the various societies .
DENTAL EXPERT
CONTACT US 07802 456 804 info@dentalexpert.me ADDRESS FOR CORRESPONDENCE
Consulting Rooms
65 London Wall London EC2M 5TU
38 Harborne Rd, Birmingham B15 3EB
www.dentalexpert.me
ABOUT US
Expert dento legal comapny offering a professional & prompt service WHY US ? Instructions accepted for professional indemnity providers single joint expert causation and liability reports condition and prognosis reports screening reports On initial contact please could you provide 1. enough details of the case to be assessed to determine whether this is within my area of expertise 2. enough details about the parties determine any conflict of interest 3. an approximate time frame for the completion of a report I will endeavor to respond to all email inquiries within 3 days
EXPERT OPINION AREAS Expert opinion areas Emergency dental care treatment planning and diagnosis patient consent routine dental treatment including: periodontal care ADDRESS FOR CORRESPONDENCE restorative dentistry crowns root canal treatment fixed bridge work removable prostheses extractions cosmetic dentistry complex dental treatment including: implant dentistry orthodontics facial aesthetics
www.dentalexpert.me
With over 10 years’ experience in writing reports and audits for dental surgeons and lawyers in matters arising from patient and regulatory complaints. Expertise on breach and causation. Expertise on dental regulatory guidelines and those of independent dental associations. Experienced in assessing patient complaints, record card assessment, record keeping and assessing the patient consent process. Have worked closely with regulators, indemnifiers, lawyers, mentees and patients. Compliant with Part 35 rules
MR GRAHAM ROGERS M. Sc., (Southampton) M.Sc., (Goldsmiths, London) B.Sc. (Hons)., (Lancaster) PGCE., Dip. REBT., C. Psychol., AFBPsS.
CONSULTANT PSYCHOLOGIST
YOUR MENTAL HEALTH
MATTERS MOBILE: 07952 170 627 EMAIL: GRAHAM61060@GMAIL.COM
CONSULTANT PSYCHOLOGIST WITH OVER 30 YEARS’ FULLY QUALIFIED EXPERIENCE WITHIN EDUCATION, HEALTH, SOCIAL SERVICES AND THE COURTS. FORMER HEAD OF DEPARTMENT WITH RESPONSIBILITY FOR 18 FULLY QUALIFIED PSYCHOLOGISTS. FIRST GAVE LIVE EVIDENCE AS A PROFESSIONAL WITNESS IN 1991. HAS APPEARED AS AN EXPERT WITNESS PROVIDING LIVE EVIDENCE AT NUMEROUS COURTS, INCLUDING THE CENTRAL CRIMINAL COURT AND THE CENTRAL FAMILY COURT. EXTENSIVE EXPERIENCE WITH ADOLESCENTS AND ADULTS WITH BOTH LEARNING AND BEHAVIOURAL DISABILITIES, AND MENTAL ILLNESS. • ASSESSMENT OF OFFENDERS WITH LEARNING DISABILITIES • ASSESSMENT OF OFFENDERS WITH MENTAL HEALTH PROBLEMS • ASSESSMENT OF ADOLESCENTS AND ADULTS • ASSESSMENTS FOR SPECIAL MEASURES • ASSESSMENT FOR FITNESS TO PLEAD • ASSESSMENTS FOR MENTAL HEALTH AND BEHAVIOURAL PROBLEMS • ASSESSMENTS FOR PRE-SENTENCE/MITIGATION • ANALYSIS OF VICTIM EVIDENCE; ADOLESCENTS • ASSESSMENT OF RISK AND DANGEROUSNESS • EXPERIENCE WITH HIGH PROFILE CASES AND CASES AT THE CENTRAL CRIMINAL COURT AND COURT OF APPEAL
MOBILE: 07952 170 627 EMAIL: GRAHAM61060@GMAIL.COM
Mr Aruni Sen MBBS, MS, FRCS (ENG & EDIN), FRCEM, DIP.MED.ED
TRAUMA & EMERGENCY MEDICINE MEDICO-LEGAL REPORTS FOR TRAUMA, PERSONAL INJURY & SURGICAL PROBLEMS; MEDICAL REVIEW FOR CLINICAL NEGLIGENCE; CLINICAL EXPERT WITNESS FOR COURTS, SHORT REVIEW REPORTS ON MINOR INJURY CLAIMS & CLINICAL FORENSIC REPORTS. I am a senior consultant in emergency medicine in UK since 1996. the background experience is enhanced by fellowships in the USA & Canada. I have all the necessary hands on skills to practice emergency medicine anywhere in the world, including surgical medical & critical care skills. This is supplemented by considerable pre hospital experience at horse racing, motor sports & roadside RTC over 18 years. I also possess a masters in medical education underscoring my teaching & examining skills and has a Certificate in Forensic Medicine from FFLM
Tel: 07779 529026 (secretary)Mobile: 07839 755001
Email: thesens@msn.com
Consultant Orthopaedic Surgeon Mr. (Dr). S VENKAT Complex trauma and orthopaedic reports
MSc Ortho (London) FRCS
Clinical negligence work
l Involved in medico legal work for over 25 years l Accepts instructions from Claimants, Defendants and as a Single Joint Expert l Accepts direct instructions or via third parties l Domiciliary and prison visits can be arranged Special Interests: General Orthopaedics, Trauma, Joint Replacements of Hip and Knee and Arthroscopic Surgery l Happy to have formal discussions with legal parties at pre-instruction stage for complex cases Consulting Clinics: 10 Harley Street, London, W1G 9PF Lily House, South Woodford, London, E181BD Willow House Surgery, 285, Willow Road, London, EN1 3AZ Appointments can be provided within 2-3 weeks. The report turnaround time-2-3 weeks.
DR S V MEDICALS
Contact Details: Email: info@drsvmedicals.com www.drsvmedicals.co.uk Secretary: Mrs. Raman Chana Mobile: 07930344209
MR VENKAT IS A CONSULTANT ORTHOPAEDIC SURGEON SPECIALISING IN ALL ASPECTS OF ORTHOPAEDIC SURGERY.
MR. VENKAT IN NON MEDICO-LEGAL PRACTICE HAS BEEN WORKING AS ORTHOPAEDIC CONSULTANT AT NHS LONDON TREATMENT CENTRE. HIS ELECTIVE ORTHOPAEDIC PRACTICE INCLUDES PERFORMING PRIMARY HIP AND KNEE REPLACEMENTS. HE ALSO HAS A WEEKLY THEATRE LIST AND HAS EXPERIENCE IN FOOT AND ANKLE AND UPPER LIMB SURGERY. MR. VENKAT HAS EXTENSIVE EXPERIENCE IN WORKING WITHIN A LARGE TEAM OF HEALTH PROFESSIONALS, REGULARLY PARTICIPATING IN AUDIT AND RESEARCH ACTIVITIES. HE IS INTERESTED TO EXPAND HIS MEDICO-LEGAL PRACTICE IN COMPLEX INJURIES, DEFENDANT REPORTS AND CLINICAL NEGLIGENCE WORK.
MEMBERSHIP BMEMBER OF THE MEDICO-LEGAL SOCIETY, AND IS A SPECIALIST REGISTER OF THE GENERAL MEDICAL COUNCIL THE FEDERATION OF FORENSIC AND EXPERT WITNESSES 2024 CONSULTING ROOMS IN LONDON 10 HARLEY STREET, LONDON, W1G 9PF. LILY HOUSE, GEORGE LANE, SOUTH WOODFORD, LONDON, E18 1BD. WILLOW HOUSE SURGERY. 285 WILLOW ROAD, ENFIELD EN1 3AZ.
Tel: 07884 000 214 (MR.S.Venkat) Alternate Tel: 07930 344 209 (Mrs.Raman- secretary) Email: info@drsvmedicals.com
EXPERT WITNESS SERVIVES IN CHARTERED ERGONOMICS AND HUMAN FACTORS SPECIALISTS OUR PRINCIPAL EXPERT WITNESS SERVICES ARE RELATED TO: Personal injury [e.g. manual handling, Repetitive Strain Injury (RSI), Upper Limb Disorders Occupational Disease [e.g. Hand Arm Vibration Syndrome (HAVS)] Fatal accidents [Industrial & public] Medical negligence [Human Factors & Ergonomic aspects] Major industrial accidents [e.g. relating to Control of Major Accident Hazards (COMAH)]
REALIABLE FAST & SERVICES
Hu-Tech have been providing Expert Witness reports on a regular basis for almost 30 years
EXPERT WITNESS SERVIVES IN CHARTERED ERGONOMICS AND HUMAN FACTORS SPECIALISTS Hu-Tech have been providing Expert Witness reports on a regular basis for almost 30 years. Our experts have delivered over 1,000 reports in England, Scotland and Wales and are regularly instructed on behalf of Claimant/Pursuer or Defendant/Defender and as Single Joint Experts. They are very accustomed to giving evidence in County, Sheriff’s and High Courts in England and Scotland. All of our experts are Chartered Ergonomics and Human Factors Specialists recognised and published in the fields of Human Factors and Ergonomics, Health and Safety, and Occupational Disease. We have IOSH accreditation in Hand-Arm Vibration Risk Assessment and Management. Hu-Tech have also contributed to the Approved Code of Practice for the Manual Handling Operations Regulations, and conducted research on behalf of the Health and Safety Executive for the cost benefits of tackling musculoskeletal disorders at work.
HOW TO GET IN TOUCH Hu-Tech Human Factors & Ergonomics, Building 3, Chiswick Park Tel: + 44 (0)845 463 1940 566 Chiswick High Road Fax: + 44 (0)845 460 1960 London Email: info@hu-tech.co.uk W4 5YA, UK
BOOK LAUNCH
NEWSLETTER
A Must read for Police officers,prosecuters and defence teams In the UK, it is not unlawful to drink and drive. It is only unlawful to drive whilst above the prescribed limit of alcohol or be unfit to drive through the amount of alcohol consumed. The prescribed limit also differs around the UK, with Scotland, for example, having a stricter level than England, Wales and Northern Ireland. Prosecutions of suspected drink drivers sometimes fail because the police fail to follow correct procedures. As an ex-police custody sergeant, police trainer and now expert witness, I have conducted in excess of 1000 evidential drink drive procedures, taught officers what they should be doing, and provided courts with reports for what the officers did or did not do. Time and time again prosecutions fail because officers do not comply with basic fundamental principles and practices in law, or lack knowledge and confidence in which procedure they should be following.
NOVEMBER 2023
BOOK LAUNCH
NEWSLETTER
A Must read for Police officers,prosecuters and defence teams ILaw books are available which discuss the legislation and case law but what this book brings to the reader is the holistic safer custody process to safeguard the prosecution and safeguard the detainee, preserving life whilst not losing evidence. I use my experience to draw upon real case examples of how prosecutions have failed against suspected drink drivers. This book is aimed at all police staff from the point of scene attendance, arrest, transport and the custody unit ‘station procedures’. Defence and prosecution teams will also find it extremely useful to understand what should have occurred. The book will also review the working relationships between healthcare professionals (HCPs), hospital staff and custody staff. The principles apply to all UK police forces of England, Wales, Scotland and Northern Ireland, and those forces who have adopted the UK standards and expectations. Comparable practices and policies exist throughout the UK police services. Domestic laws may differ, but the practice delivery is to meet the UK standards for those detained at the hands of ‘the state’. This is a must-read for any person involved in drink drive prosecutions, either as part of the defence or prosecution teams.For example, police custody staff, custody HCPs, all police officers, special constables and police training teams, defence and prosecution legal teams in England, Wales, Scotland and Northern Ireland.
Joanne Caffrey
Mr. Aidan Fitzgerald MB Ch.B. Ed.D FRCS(Plast) FOR FURTHER INFORMATION CONTACT: Mr Aidan Fitzgerald Consultant Plastic Surgeon MB Ch.B. Ed.D FRCS (Plast) NHS Department of Plastic & Reconstructive Surgery Royal Hallamshire Hospital Sheffield Contact Email ampfitzgerald@hotmail.com Tel 07841461133
AIDEN HAS THE FACILITY TO SEE CLIENTS FOR MEDICO-LEGAL WORK DONCASTER, LEEDS, LONDON, MANCHESTER, NOTTINGHAM & SHEFFIELD.
EXPERT PROFILE: Based in Sheffield at the Royal Hallamshire Hospital, Mr. Aidan Fitzgerald has achieved an impressive reputation not only as a Consultant Plastic, Reconstructive & Aesthetic Surgeon, but also as an Expert Witness in cases of Personal Injury Claims & Clinical Negligence in Plastic & Cosmetic Surgery. Aidan’s area of expertise for his Private Practice lies in Breast and Body contouring surgery, Aesthetic Facial Rejuvenation, Skin cancer. Added to this Aidan’s NHS patients are able to take advantage of his skill in Head & Neck Surgery, Facial Reanimation Microsurgical Reconstruction, Body Contouring (post weight loss), as well as Skin Cancer. Aidan boasts a wealth of practical experience, together with academic qualifications; including gaining an MB., Ch.B. (University of Liverpool) 1988 M.Phil. (University of Bradford) 1998 FRCS (Edinburgh.) 1993; FRCS (Glasgow.) 1993 ; FRCS (plastic surgery) 2001 Professional bodies Full member of the British Association of Plastic Reconstructive and Aesthetic Surgeons General medical council no. 3352580 At this point Aidan took a higher research degree, going on to obtain an M.Phil. from the University of Bradford in 1998. After which he undertook higher surgical Training in Scotland involving placements in Edinburgh and Glasgow, following which he obtained FRCS (Plastic Surgery) in 2001, as he explained in a recent interview: “Subsequent to this I spent a year each in Melbourne - Australia and Toronto - Canada gaining further experience in Reconstructive and Cosmetic Surgery of the Breast and Head and Neck, before returning in 2003 to Sheffield with my wife and children.” In his present post as a Consultant Plastic Surgeon at the Sheffield Teaching Hospitals NHS Trust, Aidan is able to draw on his experience and skill in the field of reconstructive microsurgery, facial reanimation and the treatment of skin cancers. “I would be delighted to be consulted on any question of cosmetic surgery in the areas of breast surgery such as augmentation, reduction or uplift; body recountouring. Together with other areas such as liposuction or abdominoplasty and facial rejuvenation including blepharoplasty or facelift. I would also be delighted to be consulted concerning minor skin blemishes such as moles or cysts, as well as skin cancers that may require excision.”
A Full Member of the British Association of Plastic, Reconstructive & Aesthetic Surgeons, as well as being on the GMC Specialist Register for Plastic Surgery No: 3325803, Aidan undertakes medico-legal reports both in the areas of Personal Injury and Medical Negligence; with his medical negligence work being split 50:50 between claimant and defendant.
“For those clients unable to attend hospital I am happy to arrange a ‘home’ visit which would usually take place within a few weeks of receiving instruction and I would expect to complete a report for the client within 2-3 weeks.”
We offer medico-legal expert witness services, which include preparation of medical reports and examination for patients needing Plastic Surgical Specialist opinions
MS LENA C ANDERSSON M.D., DR.MED. CONSULTANT PLASTIC SURGEON Lena C Andersson is a M.D., Dr. Med., Consultant Plastic Surgeon on NHS Consultant Plastic until 1997. Surgeon who offers medico-legal expert Established private practice since 1995. Registered witness services. She on GMC Specialist Register for Plastic Surgery. has extensive Wide experience in medico-legal field, single joint experience as both expert, breast reconstruction, enlargement, joint and single expert reduction, lift, trauma, burns, hand and in clinical negligence microsurgery, skin tumours, soft tissue and skin reconstruction, tummy and skin tucks, botox and and personal injuries hyaluronic acid treatments, skin peels. including paediatric plastic surgery.
memberships inc:
You can contact her at 020 7079 4242 or via email at andersson@anelca.com
ROYAL SOCIETY OF MEDICINE IN UK, SWEDEN, SWITZERLAND; BRITISH, SWEDISH MEDICAL ASSOCS; BR, SWEDISH, SWISS, SCANDINAVIAN ASSOCS OF AESTHETIC, PLASTIC AND RECONSTRUCTIVE SURGERY; INTERNATIONAL SOC OF AESTHETIC PLASTIC SURGERY, FFEW 2024
DR IVANOVA-STOILOVAConsultant in Anesthesia and Pain Medicine NEWSLETTER 2023 -2024
ANESTHESIA AND PAIN MEDICINE LEGAL REPORTS
Dr Tzvetanka Ivanova-Stoilova is a Consultant in Anesthesia and Pain Medicine. Since 1994, Dr Ivanova-Stoilova has lived in Wales. She has completed the postgraduate training in anaesthesia and became a Consultant/Director of Chronic Pain Clinic in 1999. She is one of the very few full-time consultants in pain medicine in Wales but will practice medico legal work throughout the U.K including London.
Her expertise in diagnosis and management of patients with complex pain conditions while in hospital and as outpatients is very much sought after. She has got a formidable reputation in tireless and devoted work for her patients and her colleagues comment about her as being an asset to the hospital.Since 1999 Dr Ivanova-Stoilova has established a private clinic in St Joseph's Hospital for patients referred from GPs or hospital specialists. Dr Ivanova-Stoilova is very highly respected and trusted by her patients, some of whom come back to see her for her expertise and guidance year after year.Dr Ivanova-Stoilova's clinic welcomes patients with all types of chronic or recurrent pain. Her specific expertise has proven very helpful for patients with post-surgical pain on the face, sinuses, neck, spine, abdomen, pelvis, upper and lower limbs. She deals with patients with medically unexplained pain who might have been to various specialists and clinics for years. Dr Ivanova-Stoilova has established a multidisciplinary clinic for patients with primary widespread pain such as fibromyalgia and chronic fatigue syndrome. Her clinic welcomes patients with medical conditions such as post-stroke, severe osteoarthritis, osteoporosis with fractures of the spine with resultant intractable pain. Dr Ivanova-Stoilova looks after women with chronic pain conditions during conception, pregnancy, after childbirth and early parenthood. She has a special interest in helping patients with diabetic neuropathies to halt the progression of the neuropathic disease and avoid ulcerations and amputations. She treats pain from osteoarthritis, rheumatoid arthritis, slipped intervertebral discs, radiculopathy, facet joints and sacroiliac joints' pain, as well as visceral and pelvic pain and complex regional pain syndrome. Dr Ivanova-Stoilova carries out the full range of local anaesthetic interventions on the spine- facet joint, sacroiliac joint injections, spinal nerve blocks, caudal, lumbar and cervical epidurals. She is one of the few consultants in Wales who performs autonomic blocks – lumbar sympathetic, coeliac plexus, greater splanchnic nerves block. She offers myofascial blocks to the iliopsoas muscle, piriformis, quadratus lumborum and other muscles. She also performs NICE recommended radiofrequency denervation for facet, sacroiliac joints blocks. She is the first pain specialist in Wales to conduct radiofrequency treatment of the sensory nerves of the knees for patients with poor outcome after knee replacement or with osteoarthritis.
Dr Ivanova-Stoilova also offers botulinum toxin treatment for myofascial pain and localised neuropathic pain. Over the years, she has arranged annual educational seminars with lectures, quiz and exercise programme for diabetic patients which proved to be very popular. Dr Ivanova-Stoilova always approaches her patient's condition holistically. She combines pharmacological and injection treatment with advice on lifestyle, diet and arranges individual exercise or rehabilitation programme. She has prepared many reports to be served to Courts in her role as a medicolegal expert in high volume multi-track complex pain cases. Areas of work include London-Midlands-Wales 01633 820 344 drivanova.stoilova@gmail.com St Joseph's Hospital Harding Avenue, Malpas, Newport, NP20 6ZE Dr Ivanova-Stoilova will now be seeing patients for clinical diagnosis and treatment, as well as for medical reports in Fitzrovia Hospital, Central London 13-14 Fitzroy Square London W1T6AH . The clinic timetable will be Thursday from 2-6 pm. Telephone 0207 0343301 to make a booking. Dr Ivanova-Stoilova will continue seeing patients in Newport, Wales on Tuesdays at her Pain Clinic. For booking into this clinic , please use the appointment number 01633 820 344 .
Professor Panayiotis Kyzas FRCS(OMFS) PhD MBBS BDS FST GDL
Consultant OMFS Head & Neck Surgeon
Professor Panayiotis Kyzas is a Consultant OMFS Head and Neck Surgeon who specialises in major oncological head and neck cancer surgery. Professor Kyzas undertakes expert witness instructions, including the preparation of medico-legal reports and appearing in court, in personal injury and clinical negligence cases relating to his specialist areas of expertise, including: Dentoalveolar surgery Oral surgery Facial cosmetics (facelift, blepharoplasty, browlift, rhinoplasty, Botox fillers) TMJ disorders Head & neck surgery: neck lumps (cancer, neck dissection, free flaps, thyroidectomy) Facial skin cancer (BCC, SCC, facial melanoma, skin grafts, local flaps) Salivary glands (submandibular, parotid, sialolithiasis) Facial trauma (mandible, zygoma, orbit, nasal, maxillary fractures) Orthognathic surgery - facial deformity Laser treatment for facial/intraoral conditions He was appointed as a visiting Professor in OMFS H&N Surgery at Edge Hill University in August 2023 Professor Kyzas can take instructions on behalf of either claimant or defendant or as a Single Joint Expert.
Professor Panayiotis Kyzas FRCS(OMFS) PhD MBBS BDS FST GDL
Consultant OMFS Head & Neck Surgeon Expert Witness
Contact: 07505 402640 panayiotis.kyzas@elht.nhs.uk kyzasp@icloud.com www.topdoctors.co.uk/doctor/panayiot is-kyzas
Professor Panayiotis Kyzas
AWARD NEWS 2023-2024 EXPERT REPORTING DECEMBER 2023
Recieve Award for Outstanding services to Forensic Accountancy 2023-2024
HELPING YOUR FINANCE CASE
DMYTRO TUPCHIIENKO FORENSIC ACCOUNTANT
MONDALE SERVICES -DMYTRO TUPCHIIENKO MCIARN AFA MIPA AAIA CIPFA Dmytro has degrees from LSE, Cambridge, Louvain and Bochum, and is a lecturer in IT and Internet Law (MSc Information Security and Digital Forensics module) at the University of East London, as well as an Assessor for a Regulation Theory, Strategy, and Practice course at the London School of Economics. He is a Certified Expert Witness for civil cases and criminal cases in England and Wales’ courts (holder of Cardiff University Bond Solon Expert Witness Certificate) and in the courts of Dmytro Tupchiienko MCIArn AFA MIPA Scotland (holder of the University of AAIA CIPFA Aberdeen Bond Solon Expert Witness He has over 25 years’ experience having Scheme). worked as a locum tenens for legal and He is admitted to practice in Belgium, professional services firms, including Germany, and Ukraine, and is a studying ‘Magic Circle’ and ‘Big 4′. member of Middle Temple. He was an evaluation advisor on several Certified Expert Witness for civil cases international development projects in and criminal cases in England and Central & Eastern Europe, Central Asia Wales’ courts (holder of Cardiff and Middle East, and was briefly an acting University Bond Solon Expert Witness interim head of UNDP mission. Certificate) and in the courts of In 2016 he acted as an expert evaluator for the EU Horizon-2020 Secure Societies Scotland (holder of the University of Aberdeen Bond Solon Expert Witness calls. Scheme). In January 2018 he was an expert witness to the House of Commons’ Brexit Select Committee.
Contact: Mr Dmytro Tupchiienko Tel: 07824 612 873 Mobile: +44 7824 612 873 Email: d.tupchiienko@gmail.com Website: www.mondale.uk
AWARD NEWS 2023-2024 HELPING YOUR FINANCE CASE
EXPERT REPORTING SERVICES INCLUDE: White-collar crime Money laundering Insurance claims GAAP violations Telemarketing fraud Legal system and its procedures Contract and procurement fraud Asset misappropriation Securities fraud Financial statement fraud Bankruptcy fraud Credit card fraud Embezzlement Financial data analysis Evidence integrity analysis Computer application design Damage assessment Due diligence reviews Forensic intelligence gathering Accounting procedures Regression analysis Tracing illicit funds Locating hidden assets
Contact: Mr Dmytro Tupchiienko Tel: 07824 612 873 Mobile: +44 7824 612 873 Email: d.tupchiienko@gmail.com Website: www.mondale.uk
MONDALE SERVICES HIGHLY ACCREDITED
Contact: Mr Dmytro Tupchiienko Tel: 07824 612 873 Mobile: +44 7824 612 873 Email: d.tupchiienko@gmail.com Website: www.mondale.uk
MS FIONA HOTSTON MOORE
FFEW NEWSLETTER
FORENSIC ACCOUNTANT, ACCREDITED EXPERT WITNESS, CHARTERED ACCOUNTANT AND TAX ADVISER Fiona is a partner of FRP's Forensic Services practice. Fiona specialises in commercial disputes, business valuations, tax disputes and professional negligence matters including giving evidence in the High Court, Family Court, Arbitration and Tax Tribunal. She has been instructed as an Expert in approximately 300 cases in her career to date. Fiona is also often instructed to provide expert opinion on a range of matters including shareholder disputes, agency disputes and insurance claims, tax disputes (including EBTs, film schemes, entrepreneurs’ relief and Generally Accepted Accounting Practice), officer and employee fraud, auditor and tax adviser professional negligence claims. Fiona specialises in share and business valuation cases with particular experience in the Family Court. She also has considerable experience in commercial disputes, tax disputes and professional negligence matters.
MS FIONA HOTSTON MOORE BSc (Hons), CTA, FCA, MAE, ACFS Fiona has over 25 years’ experience providing strategic, accounting, tax and corporate finance advice in a variety of sectors. Fiona’s clients have included successful entrepreneurs, start-ups, international groups and household names The practical experience that Fiona has as a corporate finance and practicing tax professional perfectly complements her experience as an expert in commercial disputes in Court proceedings - and vice versa. Fiona has presented both nationally and internationally at conferences for professional training companies, Resolution, the Law Society on matters ranging from share valuation, professional negligence, financial reporting and taxation. Fiona is also a contributor to Kogan Page textbook “Forensic Accounting & Finance”.
Memberships Fellow of the Institute of Chartered Accountants (FCA) Chartered Tax Adviser (CTA) Member of the Academy of Experts (MAE) Accredited Counter Fraud Specialist (ACFS)
AREAS OF EXPERTISE: Auditor professional negligence Contact:: Tax professional negligence Share valuation Tel: 01603 703173 Business valuation Mobile: 07770 642491 Commercial disputes Matrimonial Email:fiona.hotstonmoore@frpadvisory.com Fraud Financial investigations Employee fraud Website: frpadvisory.com/people/peopleprofiles/fiona-hotston-moore
NEW MEMBER NEWSLETTER www.quintonedwards.co.uk
November , 2023
Top News
Expert Witness to the Garden Centre & Horticultural Industry Simon Quinton Smith has been acting as an expert witness for over 35 years in rent reviews, lease renewals and generally in regard to values whether they relate to planning issues, compensation issues or tax issues. In December 2011 he completed a 6 day course to become an accredited expert witness in his field of Garden Centre and Horticultural businesses. In rent reviews and lease renewals we are normally up against other surveyors who almost without exception have less knowledge in the garden centre and horticultural market than we do and therefore, because we transact probably more deals, acquisitions and disposals within horticulture and garden centres, we have more evidence and more experience so it is rare that the matters proceed to a third party, being settled by negotiation.
01/02
Having written the chapter on how to value garden centres for the Royal Institution of Chartered Surveyors, Simon Quinton Smith probably has more experience of values of Garden Centres and Horticulture than any other chartered surveyor and this combined with his experience as an advocate and expert witness makes him the obvious choice when help is required.
NEW MEMBER
Simon Quinton Smith BSc (HONS) FRICS MI Hort
Simon Quinton Smith BSc (HONS) FRICS MI Hort, Director
Professional memberships • Fellow of the Royal Institution of Chartered Surveyors • Associate Member of the Garden
BIOGRAPHY Simon Quinton Smith is a Fellow of the Royal Institution of Chartered Surveyors and has
Centre Association • Associate Member of the Horticultural Trades Association • Member of the Institute of
been the leading specialist in the Garden
Horticulture
Centre & Horticultural industry for 35 years. He
• Associate Member of FARMA
is an RICS registered valuer and business valuer. He is also a specialist panel valuer for horticulture and garden centres to the Agricultural Mortgage Corporation Plc. and to
WELCOME ABOARD SIMON!
most other lending financial institutions. He is an accredited Expert Witness in his field and is regularly instructed to provide expert advice to the courts. In-depth knowledge of the garden centre market Simon Quinton Smith wrote the chapter “How to Value Garden Centres” for the Second Edition of the “Law and Valuation of Leisure Property”, published by the Estates Gazette.
Ladies and gentlemen, hold on to your seats because we have a new Expert joining our federation We are ecstatic to introduce Simon, a true professional in Garden Centre & the Horticultural industry for 35 years.
Simon Quinton Smith BSc (HONS) FRICS MI Hort, Director Email: simon@quintons.co.uk
We look forward to working with you Simon.
DD: 01635 262520 Mobile: 07785 732460
Newsletter FFEW
Winter 2023
Andrew Smith FPC III CeMAP Financial Conduct Authority Compliance & Risk Consultant
PAXEN GROUP LTD Andrew Smith can act as an expert witness, including the preperation of expert reports and appearing in court, in all cases relating to financial conduct authority compliance. His specialist areas of expertise include FCA regulated markets, specifically: Consumer credit, including motor finance and leasing, payday lending, rent to own, as lenders, brokers or as appointed representatives Mortgage lending, including first and second charge, and equity release/later life lending For the above, matters relating to the conduct of firms, adherence to FCA regulatory rules, suitability of advice or products sold (mis-selling), assessment of any customer detriment and how matters should have been concluded. His Alternative Dispute Resolution skills include: • Mediation • Arbitration • Adjudication • Expert Determination Mr Smith can take instructions on behalf of either claimant or defendant or as a Single Joint Expert.
THE BUSINESS
Our Experience After nearly 30 years in the industry we have seen many changes to how firms are regulated, how they are run and managed, and how their products have had to evolve to keep up with the changes in consumer use. Coming from a practitioner background we have developed methods of applying regulatory rules and guidelines but in a way that 'enables' not 'stifles' productivity, creativity and overall success. Our areas of expertise revolve mainly around obtaining and or retaining FCA permissions in Consumer Credit, Lending, Mortgages, Debt Services, Motor Finance, Leasing and Hire. Most importantly we do all this in Plain English.
ANDREW SMITH FPC III CEMAP CEO – PAXEN GROUP LIMITED
Phone: 01285 850 747 Paxen Group Ltd Unit 106, Watermoor Point Business Centre Watermoor Road Cirencester GL7 1LF
www.paxen.co.uk.
David W. Dyson: Firearms and Weaponry Consultant David W. Dyson: Firearms and Weaponry Consultant David W. Dyson is a Firearms and Weaponry Expert with over 30 years experience in the fields of gun law, firearms law and weapons law. Master of Laws (Distinction) in Firearms Legislation in the UK. Registered with the Council for the Registration of Forensic Practitioners in the speciality of Firearms, and in all of the sub-specialities of ballistics, the classification of firearms and comparison microscopy until its closure.
Areas of Firearms and Weaponry Expert: All aspects of firearms Expertise law, firearms related legal cases addressed: gun law, firearms law, weapons law, shotgun law. Civil and Criminal Law. Criminal charges, negligence and liability issues, technical interpretation etc.
Air Weapons • Shotguns • Rifles • Pistols & Revolvers • Disguised Firearms • Ammunition Gunshot Residues • Explosives & Bombs • Bladed & Offensive Weapons
David W. Dyson: Firearms and Weaponry Consultant
Classification of weapons under the provisions of the Firearms Acts, Prevention of Crime Act 1953, Criminal Justice Act 1988 and Knives Act 1997. Critical appraisal of forensic and expert reports, testing and examination of weapons of all types, including guns, offensive weapons, edged weapons and related items. Chronographic testing and classification of air weapons.
Scene reconstruction, accuracy and range testing, fault identification, consideration of antique and obsolete status of firearms. Member Arms and Armour Society, Professional member of the Forensic Science Society, The Society of Expert Witnesses, The U.K. Register of Expert Witnesses, Member of the Expert Witness Institute. Registered Firearms Dealer. Free initial consultation to all members of the legal profession, please contact me for expert advice in the specialist areas of gun law, firearms law, weapons law, shotgun law.
David W. Dyson, Firearms Consultant, Barrister. LL.B (Hons), LL.M, PGDip.LP., RFD, MFSSoc., MEWI. You can contact me directly by email: info@firearmsexpert.co.uk David W. Dyson (Firearms Consultants) Ltd. Registered in England and Wales no.6566395
F.I.R.E. CONSULTANCY OFFERS EXPERT WITNESS SERVICES
OUR EXPERT WITNESS SERVICES EXPERIENCE AND SCIENTIFIC KNOWLEDGE COMBINE TO OFFER AN EXPERT’S VIEW Jason Hill is a Chartered Engineer (CEng) registered through the Institution of Fire Engineers (IFE), a Chartered Engineer (CABE CBuild E MCABE) registered through Chartered Association of Building Engineers and a Chartered Engineer Member of Engineering New Zealand (CMEngNZ). He is also a Fellow of the IFE (FIFireE), and a member of the United Kingdom Association of Fire Investigators (MFireInv). He has a First Class Bachelor of Science Degree (BSc Hons) in Fire Safety Engineering studied at the University of Wales, Newport and a Master of Science Degree (MSc) in Fire Explosion and Fire Investigation studied at Leeds University. Jason has worked as an engineer for over 25 years and specialises in matters relating to fire safety engineering and fire risk assessment. He was a member of the UK Government working groups following the Grenfell fire to assist in the authorship of the competency criteria for fire risk undertaking and also an IFE comember of the PAS9980:2021 fire risk appraisal and assessment of external wall construction and cladding: Code of Practice (PAS9980) Technical Steering Group. He also has experience of working with British Standards Institute (BSI) for PD 7974-6:2019 – Application of fire safety engineering principles to the design of buildings. Human factors: Life safety strategies – occupant evacuation, behaviour, and condition (Sub-system 6) and was a technical steering group member for means of escape for disabled people and technical steering group member for construction technologies, design and usage. Jason established Fire Investigation Risk Evaluation (F.I.R.E.) Consultancy Ltd in 2014 to provide a specific, bespoke and high-quality service worldwide, and gained valuable experience representing a leading expert witness business as their technical expert. He has worked within highly-regulated industries to establish analytical thinking to review evidence, conduct investigations, liaise with authorities and identify relevant standards, regulations and other published guidance for each case. The output provides clients with timely verbal or written advice that can be readily understood by a layperson. In the sphere of education, he has developed platforms and tools such as FRED (Fire Related Educational Development) talks aimed at providing detailed understanding through discussion and experiments – each talk is accredited with CPD through the IFE – and produced a YES (Young Engineer and Scientist) Journal, aimed at helping students aged 15-18 relate STEM (Science, Technology, Engineering & Mathematics) to industry. The content explores everyday engineering problems to show the application of STEM in industry. Jason commented: “F.I.R.E. Consultancy would like to be your aid in determining key factors in a case, for which we will demonstrate the required appropriate knowledge and understanding to examine the evidence: the output from which can be used as a healthy challenge to the other experts’ opinion.”
www.fireconsultancy.co.uk CONTACT INFO
Tel: 01792 389 643
Email: proposals@fireconsultancy.co.uk
Jason Hill, CEng, CMEngNZ, FIFireE, MFirelnv, MSc, BSc (Hons), IFE SIG IF&R Chairperson, IFE Global Director, Jason is a Chartered Engineer (CEng) whose international career spans fire engineering and safety, providing technical excellence within highly regulated industries. An active member of many fire professional communities, Jason is a BSI Committee member for 7974-6. He chaired the Nuclear Industry Fire Safety Coordination Committee (2017 – 2019) and is also the Chair of the Institution of Fire Engineers (IFE) Special Interest Group for Industrial Fire and Risk, and Ethics Committee member for the IFE. F.I.R.E. Consultancy was established in 2014, as well as running his own business, at this time Jason was also the Senior Fire Engineer at Horizon Nuclear Power Development at Wylfa North Wales for which the position included work on emergency preparedness, overarching fire strategy, site specific fire strategy, fire management policies and the production of a functional specifications used for tender/cost estimates.
EXPERT WITNESS Expert witnesses are often used to explain complicated scientific issues, evaluate potential problems, defects, deficiencies and/or errors within the built environment. Our specialised knowledge and skills in the fire engineering sector qualify us to present our opinion during legal proceedings about the facts of cases relating to fire safety, or where a fire has caused a fatality. This can include building design, access, means of egress, the materials used in construction, resistive performance and installation. A review of site management plans and existing risk assessments can also be essential.
Construction, Surveying and Engineering Consultants
MEMBER 2024
APA PROPERTY SERVICES LTD
Dr. Antino has a proven track record and has demonstrated that he has the required knowledge, training, and expertise to act as an expert witness either as a single joint expert or on behalf of the claimants and defendants, in the following areas: Professional Negligence Claims Party Wall Matters Defective Building Works Housing Disrepair Breach of Contract Forensic Analysis Landlord & Tenant-Private-Commercial Neighbourly Matters Boundary disputes Trespass Nuisance
For an informal discussion, please contact Dr. Antino on 01245 492495, submit our online form or alternatively email him Dr.Antino@apaproperty.com. www.apaproperty.com
Medico-Legal Work
MR DONALD SAMMUT Consultant Hand Surgeon
Donald Sammut is a Consultant Hand Surgeon with a practice shared between Sulis Hospital, Bath and One Welbeck, in London He is trained in Plastic Surgery and works exclusively in Hand Surgery. His particular clinical interests are in Nerve and tendon injuries and degeneration, including paralysis and tendon transfers and in reconstruction of the hand. He is a regular invited lecturer and a course organiser in Hand Surgery and Anatomy, in the UK and Internationally. He runs an active teaching programme for Fellows training in Hand Surgery. His medico-legal practice started in 1993 and is limited exclusively to the hand and forearm. He deals with Defence, Claimant, Joint and Negligence issues. He has been in continuous clinical practice since 1980. www.donaldsammut.com
Medico-Legal Work Contact: Hannah Webster Practice Manager.
Contact hannah.webster@phf.uk.com
Mr Ian Simmons MBChB BVSc FRCOphth
Ophthalmic Surgeon & PAEDIATRIC OPHTHALMOLOGIST
Mr Simmons writes around 150 medical reports per year and regularly takes part in telephone conferences and meetings with Counsel. He has been to Court on a number of occasions, both locally and nationally, primarily in conjunction with children who have suffered non-accidental injury. He is part of the Royal College of Ophthalmologists' Ophthalmology Working Party for child abuse. He has completed Bond Solon training. Mr Simmons has been involved in a number of General Medical Council Fitness to Practice hearings. General ophthalmology Neuro-ophthalmology Cataract Surgery Ocular Trauma Personal injury to the eyes Paediatric ophthalmology (any aspect) Adult squints & molitity problems Ophthalmic neuro-oncology Strabismus
Ophthalmic Surgeon & Paediatric Ophthalmologist Mr Ian Simmons has been involved in medico-legal work since 2000 for both claimant and defendant and can also act as a Single Joint Expert. Instruct Ian now: Spire Leeds Hospital Tracey Horne (Secretary) 0113 218 5940 or email: i.simmons@nhs.net
Mr Peter Revington TD. BDS.MB.BS.MScD. FDS FRCS(Eng)
Consultant Oral and Maxillofacial Surgeon & Expert witness I originally trained in dentistry, qualifying in 1976, before working for the Medical research council to achieve my masters degree. I then returned to the NHS and after completing my dental fellowship, I joined the army. After five years with the armed forces, I left to study medicine at Charing Cross/ Westminster. After completing my surgical fellowship, I returned to my original specialty to complete my higher surgical training at Kings College Hospital, before taking up my appointment as Consultant Oral Maxillofacial Surgeon at Frenchay Hospital in December 1994. With the closure of Frenchay & the centralisation of the Maxillofacial service, I moved to the Bristol Royal Infirmary/Bristol Children's Hospital, which remained my base until my retirement from the NHS at the end of April 2021. My special surgical interest is in Facial deformity surgery. I was one of three surgeons in the S.W. Cleft Lip and palate team, with a focus on secondary cleft surgery. I served as a Member of the Court of Examiners of the Intercollegiate Specialty Board between 2009-21 and have written chapters on facial trauma. In my capacity as a practising consultant, I acquired significant experience in the clinical management of facial trauma in both the civilian and the military settings. As a result, I have published on several aspects of the management of facial trauma and I taught on a range of both civilian and military courses in relation to the management of such cases (Military Operational Surgical Trauma Course). In addition, I have taught on facial trauma for the Surgical Training in the Austere Environment Course, a course run by the Royal College of Surgeons of England. As a result of my work with the Reserve Forces I was awarded the Territorial Decoration in 1997, The VSRM in 2006 (& Bar 2010) and the Afghan campaign medal in 2007. The majority of my medico-legal experience relates to personal injury of routine facial trauma. I have also been involved in a number of criminal cases, notably a range of grievous bodily harm cases and three of murder. I am a Fellow of the British Association of Oral & Maxillofacial surgeons.
Tel: 07748960960 E.Mail 975revin@googlemail.com Sec: cathatkinsonuk@yahoo.co.uk Private Secretary Tel: 0117 9804081 E: Tracy.ryan@spirehealthcare.com W: www.mrprevington.co.uk
DR Alfred White MD MBBS LRCP MRCS DPM FRCPsych Consultant Psychiatrist Dr Alfred White has over 35 years' experience acting as an expert witness including extensive court experience. He undertakes approximately 200 cases per year, taking instructions on behalf of both claimant and defendant and as a Single Joint Expert. Dr White prepares reports on most aspects of psychiatry (excluding learning disability and child psychiatry) but specialises in trauma, both in personal injury cases for victims of accidents and in medical negligence cases. His interest in trauma began with a research project in burns and other accidents (MD 1981) followed by research on the Birmingham pub bombings. His wide ranging experience also includes eating disorders, brain injury rehabilitation and liaison psychiatry. Dr White is an examiner with the college of psychiatrists.
Phone: 0121 454 2217 / 07796 174 216
FHDI – Kathryn Thorndycraft Pope
NEWSLETTER
SEE THE FHDI WEBSITE ON FFEW HOMEPAGE Autumn 2023 www.forensichandwriting.co.uk CATRIONA MACDONALD BSC (HONS), MSC FORENSIC DOCUMENT EXAMINER Masters graduate who has been involved in the field for over 7 years. After graduating I completed a 2 year traineeship with Forensic Handwriting and Document Investigation (FHDI) and have worked there ever since. This traineeship involved mentoring and working on cases alongside Kathryn Thorndycraft-Pope, a fully certified Document Examiner who has been active in the field for over 33 years. I have built experience in all aspects of Document Examination and have also gained experience in using scientific equipment and methods such as the Electro Static Detection Apparatus (ESDA), Video Spectral Comparator (VSC), Thin Layer Chromatography (TLC) and MiScope in the examination of document
In a recent interview Kathryn let us in on the secret to her continued success…..giving us a unique glimpse into the fascinating world of Handwriting & Document Investigation. “I have been in this field of work for almost 34 years, initially with the Police and for the last 25 as an Independent Forensic Document Examiner. Typically, I receive enquiries by telephone, direct in the mail or more commonly these days by email, requesting me to examine many different types of ‘Questioned’ documents including Wills, Mortgage Contracts, Guarantees, Leases, Anonymous Letters, Driving Licences and Prescriptions . Occasionally the casework arrives before I have received any notification that it is coming, or have been asked if I am available to undertake the work! I must stress it is so important to have this confidential material sent by at least Recorded Delivery and to contact me in advance to make sure that I will be there to receive it. In the identification of handwriting its imperative for me to have sight of the original document whenever possible. I can look at photocopies but this will limit my examination and reduce my ‘Probability of Authorship’. I also require an adequate supply of ‘Formal Samples’ and ‘Known’ writings for comparison purposes. Armed with these, I can then undertake the comparison and forensic examination and produce a Forensic Science Report and, if appropriate, an Illustration describing my findings all ready for Court or Industrial Tribunal.
www.forensichandwriting.co.uk Phone: 01569 764 508
kt@fhdi.co.uk
Medicolegal Ophthalmology MR BRIAN LEATHERBARROW BSC MBCHB DO FRCS FRCOPHTH Mr Leatherbarrow has over 30 years of experience in ophthalmology and has been a specialist Consultant Ophthalmic Surgeon for over 25 years. His major areas of expertise are oculoplastic, orbital, and lacrimal surgery for which he has a national and international reputation. Mr Leatherbarrow has a busy medicolegal practice, undertaking 50-100 specialist medical reports for solicitors each year. He was awarded the Cardiff University Law School Bond Solon Civil Expert Certificate in May 2015. He graduated from Manchester Medical School in 1982, training in general ophthalmology at Manchester Royal Eye Hospital before undertaking subspecialty training fellowships in oculoplastic and orbital surgery at Moorfields Eye Hospital, London, and the University of Iowa Hospitals & Clinics, Iowa City, Iowa, USA, where he also trained with plastic surgeons, maxillofacial surgeons, dermatological surgeons and neurosurgeons.
His medicolegal website is: www.medicolegalophthalmology.co.uk brian.leatherbarrow@gmail.com
His practice is now confined to medicolegal work.
Medicolegal Ophthalmology Expert Witness
Medicolegal Ophthalmology MR BRIAN LEATHERBARROW BSC MBCHB DO FRCS FRCOPHTH
Areas of Medicolegal Expertise Cosmetic Eyelid/Brow Surgery – Blepharoplasty (eyebag removal and eyelid lift), Eyebrow Lifts including Endoscopic Brow Lifts, Structural Fat Grafting (Coleman Fat Injections), Microfat and Nanofat Grafting, and Fat Pearl Grafting Blepharoptosis Surgery (ptosis surgery – for droopy upper eyelids) Entropion/Ectropion Surgery Eyelid/Periocular Tumour Surgery Eyelid/Facial Skin Lumps Eyelid Reconstruction following Trauma Eyelid and Eyebrow Surgery following Facial Palsy Reconstruction of Mohs Micrographic Surgery defects Enucleation/evisceration/orbital exenteration Eye socket reconstructive surgery following loss of an eye Orbital wall fractures Watery eye surgery – endoscopic and external dacryocystorhinostomy Ophthalmic management of facial palsy Thyroid eye disease
www.medicolegalophthalmology.co.uk brian.leatherbarrow@gmail.com
His practice is now confined to medicolegal work.
Medicolegal Ophthalmology Expert Witness
DR RUSSELL KEENAN MB ChB, PhD, MRCP, MRCPath Consultant Paediatric Haematologist
Profile A Consultant Paediatric Haematologist with over twenty years experience, Dr Russell Keenan can act as an expert witness, including the preparation of medico legal reports and appearing in court, in child protection cases, clinical negligence cases and relating to all aspects of paediatric haematology.
His specialist areas of expertise include: • Haemophilias and other bleeding disorders. • Thrombophilias. • Haemoglobinopathies. • Thalassaemias. • Sickle cell disease. • Benign haematological disease. • Malignant haematology. • Leukaemia. • Transfusion medicine
Dr Keenan's reports have covered cases of medical negligence relating to paediatric haematology and child protection in relation to the presence or absence of a bleeding disorder. He has experience of working with barristers and being cross examined in court. He keeps his reports relatively short, focused on the legal instructions, with all scientific and medical language and the basis of any opinions explained and referenced as required
TEL:07753 807611 paediatrichaematology@gmail.com|
Professor Saul Myerson Specialist cardiology expert witness
MEDICO LEGAL REPORTS As a specialist cardiology expert witness, I produce a large number of expert reports a year, for both claimant and defence teams, including many national solicitors firms, the Medical Protection Society and Medical Defence Union. My experience includes many civil cases, employment tribunals, criminal cases and the Court of Protection. I am also a GMC expert witness in cardiology. I have undertaken extensive training as an expert witness, and I hold Cardiff University Bond-Solon Expert Witness Certificates in both Civil and Criminal Law. I am also a member of the Expert Witness Institute and the Federation of Forensic and Expert Witnesses. I am happy reviewing documents in hard copy or electronic form, and regularly review medical records on secure online portals. I have a secure nhs.net email account for confidential communication, in addition to encrypted standard emails, and. Download my expert witness CV here. Solicitors’ feedback is overwhelmingly positive, and I have been voted Lawyer Monthly magazine's cardiology expert witness of the year 2017 and 2019.
Saul Myerson Consultant Cardiologist
PROFESSOR SAUL MYERSON SPECIALIST CARDIOLOGY EXPERT WITNESS
Medico-legal areas, including: Negligence (breach of duty) Causation Condition and prognosis
Typically my work will involve: Reviewing a patients’ medical records Assessing a patient directly in clinic, if required Reviewing cardiac images – including cardiac MRI, Echocardiography and Nuclear Cardiology Producing a detailed report
For more information and to arrange a consultation with me, please do not hesitate to contact my secretary on +44 1865 223160 or email secretary@oxfordcardiologist.com
James Groux - Chartered Architect & Expert Witness
EXPERT PROFILE James Groux has over 38 years experience in the Industry. In that time he has developed skills in a number of areas and has acted as an expert witness in some of these. In particular James has become very specialised in understanding the spacial needs of physically impaired people and he has his own skilful approach to space planning to ensure that the best use of all areas of a persons home is explored and the benefits realised. In addition to his work in the field of property adaptation and space planning James has a wealth of experience in technical building issues. Having been an architect for 38 years has given James an excellent foundation of knowledge. In addition he has also been a Building Contractor and Project Manager for the past 13 years and has developed an understanding of building techniques and potential risks that matches anyone in the industry. This makes him a valuable asset in cases of building failures.
Experience Brief resume of Experience
I have been involved with designing for disabled clients since 1983 and have been registered with numerous Councils as an expert with regards professional services for recipients of Disabled Facilities Grants. My practice has also partnered Health Authorities in the renovation, new build and improvements for facilities for residents in care. My experience covers a wide field of health care work and has involved the Practice in numerous adaptations to individual houses for physically disabled clients. In practice I have been responsible for over one hundred and fifty minor and major adaptation projects and further projects comprising; Residential Care, Therapy Care, Nursing Care, Medical Practices, Care in the Community and designing for the needs of physically and mentally disabled people. I have been preparing reports for Solicitors and the Courts since 1990 and I am in the Register of Expert Witnesses. Many of my expert witness cases have resulted in me being retained by the claimants to design and administer major and minor works to their homes following court awards for provision of future needs. I have given lectures and seminars on designing for the disabled and have taught Architects and Occupational Therapists on the subject of adaptation work. I have carried out a number of Access Audits on public and private buildings in order to address the requirements of part M of the 1 2guidelines 3 A N Yencompassed W H E R E with S Tthe . , Disability A N Y Discrimination C I T Y , SAct. T 1 2 3 4 5 Building Regulations and the
ANDREA DENBY HUNGARIAN-ENGLISH INTERPRETER AND TRANSLATOR, ASSESSOR AND TUTOR Visit our latest website
t
https://interpreter.forensicandexpertwitness.co.uk/
Dr Alistair Irvine MB, ChB, LLM, DMJ, FFFLM(RCP Lond), FACLM, FFCFM(RCPA), FCLM, MEWI Consultant in Clinical Forensic Medicine Specialist forensic services
The study of Clinical Forensic Medicine .
I was for 43 years a Forensic Medical Examiner for Cleveland Police In my role as a forensic medical examiner, I examined a large number of people each year who are either victims or suspects of crime and regularly prepare reports for cases in England, Scotland, and Wales. My Expertise in Clinical forensic medicine includes all forms of offences against the person including murder and serious wounding, the interpretation of wounds, sexual offences and Road Traffic Act (drink / drugs and driving) issues. I also help with police custody issues including fitness for detention and interview, and complaints against the police. Based in Stockton-onTees, I regularly prepare reports for cases all over England, Scotland, and Wales. If you're looking for professional forensic medical advice and services throughout the UK, then look no further than Dr Alistair Irvine.
Qualifications and memberships Registered Medical Practitioner since 1966 Bachelor of Medicine (University of Leeds) Bachelor of Surgery (University of Leeds) Master of Laws (University of Cardiff) The Diploma in Medical Jurisprudence (The Society of Apothecaries of London) Foundation Fellow of the Faculty of Forensic and Legal Medicine of the Royal College of Physicians of London Founding Fellow of the Faculty of Clinical Forensic Medicine of the Royal College of Pathologists of Australasia Fellow of the Australasian College of Legal Medicine Fellow of the American College of Legal Medicine Member of the British Academy of Forensic Sciences Founding Member of the Expert Witness Institute Practitioner of Clinical Forensic Medicine for over 30 years A Senior Forensic Medical Examiner to Cleveland Police for over 30 years Approved under Section 12(2) of the Mental Health Act 1983, as having special experience in the diagnosis and treatment of mental disorder.
Medico-Legal Services Neasless Farm Sedgefield Stockton on Tees County Durham TS21 3HE Tel. +44 (0)1740-622114 Fax. +44 (0)1740-622116 Mob. +44 (0)7836-545009
Email. medicolegalservices@btconnect.com Email. alistairirvine@btinternet.com Secure CJSM email. alistair.irvine@alistairirvine.cjsm.net Web. www.dralistairirvine.co.uk
Consultant in Pain Medicine and Anaesthesia DR NICHOLAS LEONARD PADFIELD FRCA FFPMRCA EMERITUS CONSULTANT IN PAIN MEDICINE AND ANAESTHESIA AT GUY'S & ST THOMAS' NHS FOUNDATION TRUST. Now retired from Guy's and St Thomas' NHS Trust, St Thomas' Hospital, Lambeth Palace Road, London SE1 7EH – 1996 to 2022,while maintaining my license with the GMC and undergoing the usual annual appraisals i am now a Emeritus Consultant in Pain Medicine and Anaesthesia at Guy's & St Thomas' NHS Foundation Trust. Undertaking Expert Work and Medico legal reporting. I have undertaken medico-legal work for the last twenty years. I am conversant with the new part 35 civil procedure rules. I accept roughly one hundred new instructions a year. I accept instructions for both claimant and defendant with no preference. I am now only occasionally instructed as a single joint expert. The bulk of the work is personal injury but I am being instructed more frequently now in negligence cases.
Instruct now at :
020 7349 9717/ 07850 903 021 www.drnicholaspadfield.com
I am registered with ICO reference ZA108097
NORMAN COWAN
FCA FABRP MCIArb MEWI Consultant specialising in criminal defence and commercial disputes. Services Offered:
Expert Witness
OUR OFFICE: Grimsby Office Alexandra Dock Business Centre Fishermans Wharf Grimsby, Lincolnshire DN31 1UL And in Hertfordshire
civil and criminal matters
insolvency advise
forensic accounting
LEARN MORE T: 01472 250001 T: 07785 931 944
Email: - norman.cowan@crgforensics.co.uk CRG Forensics is the trading name of CRG Financial Recovery Ltd, a firm of Insolvency Practitioners
Mr Peter Revington TD. BDS.MB.BS.MScD. FDS FRCS(Eng)
Consultant Oral and Maxillofacial Surgeon & Expert witness I originally trained in dentistry, qualifying in 1976, before working for the Medical research council to achieve my masters degree. I then returned to the NHS and after completing my dental fellowship, I joined the army. After five years with the armed forces, I left to study medicine at Charing Cross/ Westminster. After completing my surgical fellowship, I returned to my original specialty to complete my higher surgical training at Kings College Hospital, before taking up my appointment as Consultant Oral Maxillofacial Surgeon at Frenchay Hospital in December 1994. With the closure of Frenchay & the centralisation of the Maxillofacial service, I moved to the Bristol Royal Infirmary/Bristol Children's Hospital, which remained my base until my retirement from the NHS at the end of April 2021. My special surgical interest is in Facial deformity surgery. I was one of three surgeons in the S.W. Cleft Lip and palate team, with a focus on secondary cleft surgery. I served as a Member of the Court of Examiners of the Intercollegiate Specialty Board between 2009-21 and have written chapters on facial trauma.
Tel:07885 107646 E.Mail 975revin@googlemail.com Sec: cathatkinsonuk@yahoo.co.uk Private Secretary Tel: 0117 9804081 E: Tracy.ryan@spirehealthcare.com W: www.mrprevington.co.uk
Mr Peter Revington TD. BDS.MB.BS.MScD. FDS FRCS(Eng)
Consultant Oral and Maxillofacial Surgeon & Expert witness In my capacity as a practising consultant, I acquired significant experience in the clinical management of facial trauma in both the civilian and the military settings. As a result, I have published on several aspects of the management of facial trauma and I taught on a range of both civilian and military courses in relation to the management of such cases (Military Operational Surgical Trauma Course). In addition, I have taught on facial trauma for the Surgical Training in the Austere Environment Course, a course run by the Royal College of Surgeons of England. As a result of my work with the Reserve Forces I was awarded the Territorial Decoration in 1997, The VSRM in 2006 (& Bar 2010) and the Afghan campaign medal in 2007. The majority of my medico-legal experience relates to personal injury of routine facial trauma. I have also been involved in a number of criminal cases, notably a range of grievous bodily harm cases and three of murder. I am a Fellow of the British Association of Oral & Maxillofacial surgeon
Tel: 07885107646 E.Mail 975revin@googlemail.com Sec: cathatkinsonuk@yahoo.co.uk Private Secretary Tel: 0117 9804081 E: Tracy.ryan@spirehealthcare.com W: www.mrprevington.co.uk
PROFESSOR PETER HOLT
PROFESSOR OF VASCULAR SURGERY
Amputation, Ulceration, Diabetic Foot, Limb Ischaemia, DVT, Peripheral Vascular Disease, Vascular Trauma, Aortic Aneurysm
Clinical interests: Professor Holt’s specialist interests include amputation, peripheral arterial disease, diabetic foot and aortic diseases. Expert Witness: Professor Holt is an established Expert Witness in vascular surgery. He provides expertise and opinion for medical negligence, insurance and occupational reports, and for Coroner's Inquests. Instructions taken: Claimant, Defendant or as a Single Joint Expert. Professional profile: Professor Holt is Professor of Vascular Surgery at St George's University Hospitals London, a Level 1 Trauma Centre. The Vascular Surgical Unit provides secondary and tertiary care to 1.5 million patients in South West London. He has published over 250 peer-reviewed articles on vascular disease, including arterial and venous disorders and vascular trauma.
07968 058988 | holtmedicolegal@btinternet.com
Medico Legal Yearbook2023/2024 General surgery Endoscopy Emergency surgery Multiple trauma Laparoscopic surgery Abdominal wall and viscera injuries (like spleen, liver, stomach, intestine) Gastrointestinal surgery Clinical Negligence Hernia injury Medical Negligence Bariatric surgery Poly trauma Gall stones Road traffic accidents (RTA) Cancer of the stomach and oesophagus Multi Vehicle Accident (MVA) Reflux disease , Antireflux surgery Work place injuries Soft tissue injury
enquiries@ashokbohra.co.uk
www.surgeonexpertwitness.co.uk
Mr. Ashok Bohra MBBS MS MPhil MFSTEd PG Dip (Clin Edu) FRCSEd FRCS(Gen.Surg). Consultant Surgeon & Honorary (Cons) Assistant Professor (Notts University). Surgical Expert Witness
Mr. Bohra is a Consultant Surgeon at University Hospitals of Derby and Burton NHS Foundation Trust. Along with Surgery in General, his special interest is Upper GI Surgery including oesophago gastric pathologies, Bariatric Surgery, and advanced laparoscopic procedures for benign and malignant conditions. He is a Fellow and Examiner of the Royal College of Surgeons, Edinburgh. Earlier, he was an Honorary Associate Professor with University of Nottingham, Honorary Associate Professor of Surgery for St George's University, Grenada and Senior Clinical Lecturer in Birmingham University. In his clinical practice he covers most General Surgical emergencies and traumas along with a broad spectrum of general surgical problems. He routinely performs most elective general surgical and GI (gastro-intestinal) procedures like hernia repairs, cholecystectomies and endoscopies, along with his subspecialty procedures. His surgical training and experience spans over 30 years. He did surgical research from Newcastle University. He was awarded the CCST after successful completion of Higher Surgical Training and entered the GMC Specialist Register to start working as a substantive Consultant in the NHS, in 2005. During the course of his training, he had the privilege of working in numerous District General Hospitals and Teaching Hospitals across England and Northern Ireland. At various times he has also operated as a Visiting Consultant Surgeon at the University Hospital Birmingham, University Hospital of Coventry and Warwickshire and Walsall Manor Hospital, while employed full time in his own hospital. He has an active interest in teaching, audit and research with regular satisfactory appraisals and Revalidation as a Consultant as per the DOH guidelines. He has published in various Peer reviewed journals and presented at both national and international forums. On a national level, he was a member of the Quality Statement Advisory Committee of NICE. and has 23 NICE Quality Statement Guidelines with his contribution. He has been a National PEER Reviewer for Upper GI Cancer services. As a Consultant Surgeon he has performed various roles including surgical lead for the Clinical Guidelines Committee, Clinical Lead for Upper GI MDT, member of the New Interventions Approval Committee, Royal College Surgical Tutor, and Clinical Audit Lead. He was a special invitee at the All Party Parliamentary Group at The House of Commons.
Mr. Ashok Bohra MBBS MS MPhil MFSTEd PG Dip (Clin Edu) FRCSEd FRCS(Gen.Surg). Consultant Surgeon & Honorary (Cons) Assistant Professor (Notts University). Surgical Expert Witness
Married with a father of 2 he has avid interest in sports and yoga. He has multilingual fluency in 5 languages. Medico Legal Mr. Bohra has a busy medicolegal practise since 2011. He has been working with a host of solicitors and medico-legal agencies. He has regularly attended medico legal courses and conferences and has the ‘Bond Solon Civil Procedure Rules for Expert Witnesses Certificate'. He is compliant with the requirements of Part 35 and Practise Direction 35 protocol in relation to his responsibilities as an expert. He has been regularly involved with reporting and assessing personal injuries and medical negligence claims. He has also provided expert opinions for cases in Ireland and Bahamas. He does not take conditional cases where payment is dependant on report and eventual outcome. The reports are addressed to the courts and will be factual, independent, objective and Part 35 of CPR compliant. Generally, once all notes are available, clients can be seen within a week and the report should be ready within 15 to 20 working days. It can be done sooner, if needed. He is a member of the BMLS (Birmingham Medico Legal Society), Federation of Forensic and Expert Witness and the National Expert Witness Agency (NEWA). He has also worked for NHS LA and has been an invited speaker for NHS LA in the past. He provides reports for a variety of General and Gastrointestinal Surgical cases, Accident claims, and Negligence claims. He has experience of providing report for claimants, defendants and joint representation and joint reporting. His current claimant to defendant ration is about 90:10. The medico legal interest in surgical issues includes medico legal reports, case management reporting, injury or trauma including hernia, abdominal injuries, accident claim, emergency surgery, medical errors, medical negligence, clinical negligence and accident claims pertaining to general health care, symptoms, major and minor general surgical procedures and complications, and subspecialty issues related to abdominal, laparoscopic, bariatric and gastrointestinal surgery. Reports will be addressed to the court. For further information,' Terms and Conditions' and medicolegal appointments, please contact him directly through email (enquiries@ashokbohra.co.uk)
LUKE MELEAGROS MD FRCS Consultant Surgeon FEB 2023 ISSUE 3 VOL 2
Find out the most asked questions to our Expert Witness members
INTERVIEW INSIDE WITH
MR LUKE MELEAGROS MD FRCS CONSULTANT SURGEON
Contributors include FHDI, David Bunker, RSW Medico Legal ,Soham Das and many more of our leading experts.
FHDI
Kathryn Thorndycraft-Pope
INTERVIEW Summer 2023
AUTHOR K.T POPE
Q AND A INTERVIEW QUESTIONS Q1.How did you become an expert witness and or any of your team? A. Joined Grampian Police Scotland Identification Bureau in 1990 to train as a Forensic Handwriting and Document Examiner - After almost 9 years and being authorised to go to Court as an Expert Witness in Document and Handwriting Analysis I then opened in late 1998 my Firm of FHDI ( Forensic Handwriting & Document Investigation) Catriona Macdonald initially trained with my company then attended UCLAN ( University of Central Lancashire ) and obtained an Masters Degree in Forensic Analysis of Documents and Handwriting.
QUESTION AND ANSWER
INTERVIEWER Q2.What has been your most challenging expert witness case
K T POPE A. A very recent case which involved a Nigerian Billionaires Will and having to ascertain whether or not his signature was genuine as he lay on his death bed in a British Clinic.
INTERVIEWER Q3.I know that you deal with a range of cases, but can you specify a common case that you tend to deal with on a regular basis?
K T POPE A. Wills are most common Q4.What is your average turnaround time for a report? Q4.What is your average turnaround time for a report? A. Two weeks
FHDI
QUESTION AND ANSWER
INTERVIEWER Q5.How often would you say your critical analysis the game changer in a claim?
K T POPE A. In every case I give an absolutely 'unbiased' opinion - to help discover the truth ! Quite often I do have to inform a Solicitor that their client is p usually this is well accepted as the Solicitor needs the truth.
INTERVIEWER Q6.What do you feel is key to being an effective expert witness? A. Being very thorough in all aspects of the case - making sure if they are available getting original questioned and sample documents . Obtaining as many everyday and formal signatures/ writings as possible to enable me to note the 'natural variation' of the accused.
FHDI
Q & A INTERVIEW
INTERVIEWER Q7.HAS ANYTHING CHANGED IN THE YEARS OF YOU ACTING AS EXPERT WITNESS FOR CLIENTS ? I.E NEW TECHNOLOGY AND WHAT TECHNIQUES DO YOU USE ?
K T POPE A. THESE DAYS MORE SCANNED / ELECTRONIC SIGNATURES ARE ASKED TO BE EXAMINED AS 'ORIGINALS' NOT AVAILABLE OR HAVE BEEN DESTROYED
INTERVIEWER
Q8.WHAT ARE YOUR QUALIFICATIONS WITH IN YOUR INDUSTRY SECTOR AND QUALIFICATIONS THAT SUPPORT YOUR EXPERT WITNESS WORK?
K T POPE
A. I WAS INITIALLY QUALIFIED WHEN WORKING FOR GRAMPIAN POLICE WHEN I WAS AUTHORISED ( AFTER 3 YEARS TRAINING AND ATTENDING 'MOCK TRIALS' ) BY THE SECRETARY OF STATE FOR SCOTLAND TO ATTEND COURT AS AN EXPERT WITNESS TO KEEP UP TO DATE I ATTEND CONFERENCES AROUND THE WORLD INCLUDING THOSE OF NADE WITH WHOM I AM A DIPLÓMATE AND ATTAINED MY CDE (CERTIFIED DOCUMENT EXAMINER) IN 2019 I HOSTED THEIR 40TH ANNIVERSARY CONFERENCE IN SCOTLAND ATTENDED BY DOCUMENT EXAMINERS FROM: CANADA , USA, JAMAICA, SAUDI ARABIA, GREECE, UK . I AM AN ASSOCIATE MEMBER OF THE FORENSIC SCIENCE SOCIETY. A MEMBER OF EWI( EXPERT WITNESS INSTITUTE) NEWA( NATIONAL EXPERT WITNESS ASSOCIATION) BEING A DIPLÓMATE OF NADE INVOLVED PROVING THE CASEWORK AND COURT ATTENDANCES OVER A 5 YEAR PERIOD - ALL SUPPORTED BY TESTIMONIALS FROM SOLICITORS I HAVE WORKED FOR.
KATHRYN
INTERVIEWER Q9.WHAT MAKES YOU OR YOUR COMPANY THE GO TO EXPERT WITNESS IN YOUR SPECIFIC FIELD? K T POPE A. DUE TO BRING AN EXPERT IN THIS FIELD FOR ALMOST 30 YEARS - AND A LOT OF SUCCESS HELPING SOLICITORS / LAWYERS WITH MY FSR'S ( FORENSIC SCIENCE REPORTS) AND GIVING EXPERT EVIDENCE AT COURT - I DO GET A LOT OF REPEAT BUSINESS + I FIND LAWYERS AND BARRISTERS PASS ON MY NAME TO OTHER FIRMS . INTERVIEWER Q10.IS THERE ANY ASPECT OF EXPERT WITNESS THAT YOU FEEL WOULD SURPRISE SOMEONE WHO WAS CONSIDERING ADDING THIS TO THEIR CV? K T POPE A. THE MAIN DUTY OF AN EXPERT WITNESS IS TO BE UNBIASED AND TO HELP THE COURT ARRIVE AT A JUST AND CORRECT OUTCOME
Newsletter
MEDICO LEGAL NEWS Dr Mark Drummond BSC, MB ChB, MRCP (UK), PhD, FRCPath
Consultant Haematologist & Honorary Senior Lecturer
INSIDE : Consultant Haematologist , Honorary Senior Lecturer & Expert Witness
MEDICO LEGAL REPORTS
Dr Mark Drummond
BSC, MB ChB, MRCP (UK), PhD, FRCPath I am an experienced Consultant Haematologist of 17 years and I am happy to accept instructions with regards most haematological conditions. My claimant: defendant ratio is 40:60. Haematology is a complex subject and I am happy to discuss cases after an informal approach. I run a busy general haematology service both in the NHS and privately. This encompasses all blood conditions including venous thrombosis, anticoagulation and bleeding, transfusion practice, anaemia as well as all aspects of diagnostics. In my NHS practice, I largely deal with blood cancer diagnosis and treatment including lymphoma, myeloma and leukaemia. I have published over 50 peer-reviewed articles and co-authored two textbooks on diagnosis in haematology. Until recently I was lead clinician for the West of Scotland Blood Cancer Network.
Phone: 0141 301 7712
MARK DRUMMOND CONSULTANT HAEMATOLOGIST & HONORARY SENIOR LECTURER mark.drummond@ggc.scot.nhs.uk
Haematology Expert Witness
Phone: 07903988658
VOLUME 1, ISSUE 1
MARCH 2023
TRANSLATION EMAG Federation of Forensic & Expert Witness Legal Translation Guide
ANDREA DENBY HUNGARIANENGLISH INTERPRETER AND TRANSLATOR
INSIDE SEE PROFILE ON: Andrea Denby, Hungarian-English interpreter and translator, assessor and tutor with 20 years experience
The importance of using the correct Translation expert !
01284 728 707 | 07729152115 | adenby@hotmail.com https://interpreter.forensicandexpertwitness.co.uk/# about
Mr Rod Appleyard MSc, BSc(Hons), FRICS, FCIArb, MCIOB, FPD, MBINDT, MEWI,Chartered Building Surveyor, Chartered Project Manager, Accredited Mediator (CMC), Registered and Accredited Expert Witness.
FORENSIC INVESTIGATORS OF FENESTRATION AND BUILDING ENVELOPE DEFECTS At Verification Associates, Rod Appleyard Chartered Building Surveyor, MSc (construction Law) BSc (Hons) MCIOB, FCIArb, MEWI. Rod is a Chartered project Manager, Accredited mediator and Expert Determiner. Rod Appleyard holds a CUBS diploma from the Law Faculty of Cardiff University and an Aberdeen diploma for scottish court AUBS. showing that he is fully trained in all aspects from compiling a report in a manner that is acceptable to both the legal profession and courts. This, along with being a member of The Expert Witness Institute and fellow of Chartered Institute of Arbitrators, shows the depth of commitment to the role of the independent expert that is applied.
Our services : Accredited mediator Thermal imaging Arbitration service Phone: 01274 569912 Adjudication service Mobile: 07785 232934 Expert witness Expert Determiner Email: VAssc@aol.com
Rod works in mainly the civil arena but also takes instruction on criminal cases.
ENT EXPERT WITNESS Newsletter 2023
Ear Nose Throat Explained
ENT stands for Ear Nose Throat. It is the branch of medicine and surgery that deals with the diagnosis and treatment of ear, nose, throat and the head and neck disorders. It is also known as otolaryngology. So, an ENT specialist is a physician who is trained in the treatment of the ear, nose, throat and related body parts. In the UK, the Head and Neck Surgery (HNS) is also included in ENT. The ENT specialists are also called ENTs, ENT doctors or otolaryngologists.
Mr Smelt Expertise :
Mr Smelt is an expert in this field and an Independant (Woolf) expert. Mr Smelt expertises covers all areas in ear, nose and throat (ENT) with focus on noise induced hearing loss, tinnitus, loss of smell and facial trauma and he also runs a voice clinic. Instructions received from Agents/Solicitors only Mr Smelts Memberships include Royal Soc. Medicine BAOHNS The Federation of Forensic and Expert Witnesses
Contact: Louise Astbury Tel: 01422 324034 Tues-Fri – 9am-2pm Email: louise.astbury@spirehealthcare.com
Consultant ENT Surgeon Mr Graham J C Smelt MB, BSc, LMCC, FRCS
Mr Matthias Radatz MD (Berlin), CCST (Neuro) (Berlin), FRCS (Eng) Consultant Neurosurgeon & Spinal Surgeon | Medico Legal and Expert Witness • Head injury. • Spinal disorders: backpain, whiplash, degenerative and complex cases. • Cerebrovascular disorders. • General neurosurgery. • Stereotactic radiosurgery. • Medical negligence. I have comprehensive medico-legal experience in personal injury and negligence claims including joint expert conferences and court attendance.
Tel: 07881 943 110 07985 221640 (Sec)
Email: mwr.radatz@radatz.co.uk Consultant Neurosurgeon & Spinal Surgeon | Mr Matthias Radatz (forensicandexpertwitness.co.uk)
CONSULTANT TRAUMA AND ORTHOPAEDIC SURGEON & EXPERT WITNESSS
MR SUNIT PATIL MBBS MS MSc FRCSEd PGCE
Mr Sunit Patil is a consultant orthopaedic trauma surgeon at University Hospitals Coventry and Warwickshire. Mr Patil has been preparing medic legal reports for personal injury claims since 2014, undertaking on average around 300 a year. He also prepares screening, breach of duty and condition and prognosis reports for clinical negligence cases. His specialist areas of expertise include: • Orthopaedic trauma • Chest trauma • Pelvic and acetabular fractures • Hip replacements • Knee replacement
Contact Person: Mr Sunit Patil Qualifications: MBBS MS MSc FRCSEd PGCE Phone: 07786 422 080
EMAIL: patil.sunit@gmail.com
RSW MEDICO LEGAL
NEWSLETTER SUMMER 2023
HTTPS://RSWMEDICOLEGAL.FORENSICANDE XPERTWITNESS.CO.UK/
TOP NEWS
RSW MEDICOLEGAL LTD PROVIDING MEDICO-LEGAL SERVICES IN TRAUMA AND ORTHOPAEDICS. WHY NOT INSTRUCT DIRECT, MR RICHARD SCOTT-WATSON IS HERE WHEN YOU NEED HIM TO HELP WITH ALL MEDICO-LEGAL REPORTS. MULTIPLE INDUSTRY AWARD WINNER AND A RECOMMENDED MEMBER OF THE FEDERATION OF FORENSIC AND EXPERT WITNESSES
SERVICES INCLUDE: THORACIC OUTLET SYNDROME ASSOCIATED WITH WHIPLASH INJURY: I ALWAYS FIND THAT DIRECT INSTRUCTION WORKS BEST. PAYMENT AT END OF CASE (OR ON ADMISSION OF LIABILITY). ORTHOPAEDIC TRAUMA TO SPINE, UPPER AND LOWER LIMBS INCLUDING SOFT TISSUE INJURIES (INCLUDING REPETITIVE STRAIN/OVERUSE AND VWF) AND FRACTURES/ DISLOCATIONS. SLIPS AND TRIPS; ROAD TRAFFIC ACCIDENT (CAR, PEDESTRIAN, CYCLE, M'CYCLE) INCLUDING LOW VELOCITY; SPORTS INJURY; INDUSTRIAL ACCIDENT; EMPLOYER'S LIABILITY; OCCUPIERS LIABILITY; EMPLOYMENT TRIBUNAL (DISCRIMINATION UNDER EQUALITY ACT).
Founder of RSW Medicolegal Ltd Mr. Richard ScottWatson is a Lifetime Achievement Award winning expert Mr. Scott-Watson is no stranger when it comes to receiving accolades, as his company RSW Medicolegal was singled out in 2014 to receive the Medico-legal Services Award for 2014/15, sponsored by Forensic & Expert Witness E-Magazine. This Award reflected the experience and professional expertise that the firm offers in the writing of medico-legal reports and in the provision of Expert Witness testimony. Based in Stourbridge, firm founder and Managing Director, Richard Scott-Watson is a highly experienced Trauma and Orthopaedic Surgeon who became Director and sole Medical Examiner at RSW Medicolegal (incorporating in 2001) in August 1990. Since its inception, the firm has built-up an enviable reputation for the provision of high quality Medico Legal Reports in the field of orthopaedic related personal injury cases.
Mr. Scott-Watson is a single Expert Witness who is able to draw on over 25 years' experience with a particular interest and expertise in general orthopaedics, fractures and trauma; musculoskeletal injuries and all aspects of bone and soft tissue injury, including limb and spinal injuries. He is particularly interested in the disability aspect of cases as this is what matters most to the claimant.
Mr. Scott-Watson
An Interview with Mr Scott Watson IN A RECENT INTERVIEW MR. SCOTT-WATSON LET US IN ON THE SECRET TO HIS SUCCESS: “THE DIFFICULTY WITH BEING AN EXPERT WITNESS IN THE FIELD OF ORTHOPAEDICS IS THAT MUCH OF WHAT THE COURT REQUIRES IS NOT ROUTINE NHS WORK . CLEARLY IT IS ESSENTIAL TO BE KNOWLEDGEABLE ABOUT ALL THE SUBJECTS THE EXPERT IS CLAIMING TO BE EXPERT IN, IN EVERY CASE BUT QUALIFICATIONS ARE ALSO ESSENTIAL. THERE MAY HAVE BEEN A TIME WHEN AN EXPERT COULD CLAIM TO BE SO BECAUSE OF EXPERIENCE ALONE, BUT REALLY BOTH EXPERIENCE AND QUALIFICATIONS ARE REQUIRED. IN MY DAY THE ESSENTIAL QUALIFICATION WAS THE FELLOWSHIP OF A ROYAL COLLEGE OF SURGEONS, BUT THIS HAS SINCE CHANGED AND THE TRAUMA AND ORTHOPAEDIC FELLOWSHIP WOULD BE ESSENTIAL FOR MORE RECENT EXPERTS,” HE ADDED, “IN ADDITION, I HOLD THE DIPLOMA IN DISABILITY ASSESSMENT MEDICINE. EXPERIENCE FROM THAT IS OF ASSISTANCE IN GIVING OPINIONS ON DISABILITIES AND THEIR INTERACTIONS, WHICH IS OFTEN A MAJOR PART OF A CASE AND OFTEN NOT DEALT WITH IN DETAIL. IT IS ALSO USEFUL TO HOLD THE LLB SO THAT I CAN UNDERSTAND WHERE LAWYERS ARE COMING FROM AND WHAT THEY ARE SAYING (SOMETIMES). EXPERIENCE IS ALSO ESSENTIAL IN PROVIDING THE COURTS WHAT THEY REQUIRE. FORTUNATELY AFTER NEARLY 25 YEARS AND OVER 23,000 REPORTS, THERE ARE NOT MANY THINGS THAT ARE NEW, BUT THE ODD ONE STILL TURNS UP NOW AND AGAIN.” WHEN ASKED HOW OFTEN HE WAS REQUIRED TO ATTEND COURT, HE TOLD US: “ COURT ATTENDANCES ARE RARE, I WOULD PUT IT AT ABOUT ONE IN A THOUSAND CASES, SO THAT WORKS OUT AT BETWEEN ONE AND TWO PER YEAR. I USUALLY FIND THEY ARE CASES WHERE I AM INSTRUCTED BY SOLICITORS FOR THE CLAIMANT AND, MORE OFTEN THAN NOT, THE PROBLEM IS THAT THE OTHER EXPERT HAS NOT STUCK FIRMLY TO CPR PART 35 AND HAS BECOME PARTISAN .” A MEMBER OF THE OXFORD MEDICAL & LEGAL SOCIETY, MR. SCOTT-WATSON ATTENDS INDUSTRY-LED CONFERENCES EACH YEAR, IN ORDER TO KEEP ABREAST OF INNOVATIONS WITHIN THE SECTOR. GIVING US BRIEF EXAMPLES OF CASES THAT HE HAS SUCCESSFULLY UNDERTAKEN IN THE PAST, MR. SCOTT-WATSON WENT ON TO SAY: “MANY OF THE CASES ARE DUE TO INITIAL REPORTS PROVING INCORRECT WITH THE PASSAGE OF TIME. THE INITIAL GENERAL PRACTITIONER REPORT IS SOMETHING WE HAVE ALL COME TO KNOW BUT REALISTICALLY IN ALL BUT THE MOST MINOR CASES THEIR VALUE IS VERY LIMITED. HOWEVER, THE TELEPHONE ONLY ‘REHABILITATION REPORT' IS WORSE THAN USELESS. THE TIME USED TO ASSESS THE CASE DURING THESE INTERVIEWS IS INADEQUATE TO MAKE AN ASSESSMENT AND DIAGNOSIS AND TREATMENT RECOMMENDATIONS ARE NOT ALWAYS CORRECT. THE REPORT BEING WRITTEN WITHOUT MEDICAL NOTES MEANS THAT IT IS ALMOST ENTIRELY A CLAIMANT ACCOUNT, WHICH IS NOT ALWAYS FOUND TO BE CORRECT AT MORE DETAILED EXAMINATION. AS A RESULT, AT A LATER STAGE, THEIR ONLY VALUE IS IN REDUCING THE NEED TO REMEMBER WHAT HAPPENED, BUT WHAT WAS SAID AT THESE INTERVIEWS CAN CAUSE A CONSIDERABLE DIFFICULTY FOR THE CLAIMANT IF IT IS CONTRADICTED BY THE NOTES.” THE MOST INTERESTING CASES, FROM MR. SCOTT-WATSON'S EXPERIENCE, ARE MULTIPLE INJURIES AND THOSE WITH INTER-ACTING DISABILITY WHICH MAY OR MAY NOT HAVE COME FROM THE ACCIDENT.
Orthopaedic Trauma Expert Witness Reporting since 1990 Over 20,000 reports. Current average 900 per year. Full trained in the CPR Low Velocity Cases accepted.
Mr R Scott-Watson BSc(Hons) MB BS LLB (Hons)(Open)Cert. Av. Med. Cert.MR(2)CUEW DDAM FRCS(Ed) Orthopaedic Surgeon, Expert Witness & Disability Analyst APIL Expert Medico-Legal Reporting since 1990. Over 23,000 reports. Clinics at Stourbridge, Birmingham, Coventry, Bristol, Swindon and Oxford Prison and Home Visits undertaken.
TEL: 01384 441 126 Email: carolcuzens@ymail.com
Dr Duncan Dymond MD, FRCP, FACC, FESC
Consultant Cardiologist
For all phone enquiries, please call the practice on:020 7079 4260 Email enquiries to medicolegal@harleycardiology.com
Dr Duncan S Dymond is a consultant cardiologist who has been undertaking expert witness and medico-legal work for more than 8 years completing 1-2 reports a week for personal injury and medical negligence cases . He has also completed expert witness work for the General Medical Council, the Medical Defence Union and the Crown Prosecution Service as well as accepting private instructions directly from solicitors.
Dr Duncan Dymond
Medico-Legal
Myles James Overton Taylor Consultant Obstetrician & Gynaecologist MEDICO-LEGAL EXPERT WITNESS OBSTETRICS, GYNAECOLOGY & FETAL MEDICINE
Particular areas of expertise include: • General Obstetrics • Intrapartum care • Fetal medicine • Multiple pregnancy including monochorionic twins and twin to twin transfusion syndrome (the subject of my PhD) • General Gynaecology For More Information
07733 268735
NEED A BUILDING SERVICES EXPERT S.A.WALSH Specialist Consulting Engineers and Expert Witness The Forensic Engineering Consultants to the Legal Profession
DOMESTIC AND COMMERCIAL PLUMBING, DRAINAGE, WATER, GAS, OIL, PUBLIC HEALTH ENGINEERING, BUILDING SERVICES ENGINEERING 0208 850 1918 / 07786070333 stephen@sawalsh.com / forensic.engs@btconnect.com I accept instructions within the United Kingdom. I attend the England and Wales, Scotland, Northern Ireland and the Isle of Man Courts with their own judicial systems and own Building Regulations, Standards. I have also given evidence at Arbitration, Mediation and Public Hearings.
Click here for further information
The definition of pain and the differences between acute pain and chronic pain are fundamental to an understanding of the problem of persisting pain.
Pain is an unpleasant sensory and emotional experience association with actual or potential tissue damage, or described in terms of such damage (http://www.iasp-pain.org). The above definition leads to the conclusion that pain is always subjective. Another way of putting this would be to say ‘pain is what the person says it is existing when and where the person says it does.’ It can also be readily deduced from this definition that there does not actually have to be any tissue damage for there to be pain and that pain is entirely subjective. Pain can also exist without an obvious medical cause. Recently the diagnostic classification of chronic pain was revised in ICD 11. This can have “Whereas ‘chronic pain’ can be defined as important implications in the medicolegal arena.
‘pain that extends beyond the expected In a recent interview Consultant in Pain Management, period of healing’. This can be arbitrarily Dr. Andrew Logan (BA Hons (Cantab) MB BChir FRCA determined as 3 months, 6 months, 12 FFPMRCA) explained more about the definition of pain months or left simply as it is. It is not as in general and persisting pain relating to injuries easily understood as acute pain and often received in an accident: leads to, or is associated with, other issues such as psychological and social problems. “We have all experienced short term or ‘acute pain’. This is a warning sign that helps to prevent injury and This is known as the ‘biospychosocial model’ of pain. helps heal or reverse injury. Acute pain can be
extremely useful in alerting us to avoid touching hot or sharp objectives, as well as seeking surgical attention for the abdominal pain of appendicitis. In both cases the experience of pain leads to behavioural
“Pain is subjective, there is no objective way of There exist different types of pain after an injury, measuring it. You have to ask the therefore it’s important to differentiate between these as the treatments for them are different, as Dr. Logan patient/claimant so exaggeration and explained: “Nociceptive pain is the pain we all know malingering is not easily detectable due to the subjective nature of pain and its assessment. about brought about by a noxious stimulus or at least described in those terms. Whereas Neuropathic or There are many simple ways of assessing pain. nerve pain is caused by a defect or problem in the One way would be a numerical rating, where you would ask the patient to rate it from zero nervous system. It is usually more difficult to describe than Nociceptive pain and often remote to the site of to 10. This is quite useful for the assessment injury. and treatment of acute pain but too simplistic with regards to chronic pain which requires The pain of a slipped disc in the back or neck is felt more detailed assessment.” down the leg or arm, the pain of shingles is often felt around the chest wall, but in all three cases the problem Depending on the severity of the injuries sustained in an accident or personal injury, is in or near the spinal nerve root. The usual treatments used for Nociceptive pain are not very effective and persistent pain can be a real problem. There other medications or treatments are often required may be a continuing cause for this or the original precipitating factor may have caused The description of the pain and other symptoms such injuries that have already healed and the general perception is that there should be no as numbness, pins and needles or altered sensation are further problems. It is also possible that the very helpful in the diagnosis of the type of pain. As well as being exacerbated by psychological factors pain may injury may have exacerbated a pre-existing also be caused by psychological factors. As they can cocondition or may have been endured by a exist, it is often difficult to decide on the exact type of person who, for some reason, is more likely to pain, in which case they can also be categorised as develop chronic pain. ‘mixed’ pain.” The pain may also be associated with “Treatments for pain vary from medications and functional difficulties, disability, psychological interventions to pain management programmes and problems such as depression and anxiety and psychological treatments such as cognitive behavioural social problems. All these factors are likely to pain therapy,” added Dr. Logan, “As a Pain Management exacerbate the pain and lead to one or more Consultant I am often asked about prognosis and vicious circles. The pain may be grossely out recommendations for further treatment. There is a of proportion to the original injury which may broad palate of treatments to apply to the canvas of occur with specific pain diagnoses, as a result pain management. Treatments of different modalities of psychological or psychiatric factors and can are often recommended as part of the patient’s pain be difficult to distinguish from ‘conscious’ management programme, with physiotherapy, exaggeration or malingering. medication trials, interventional techniques and
psychological techniques often forming part of a treatment plan.”
In such a situation Dr. Logan is able to draw on his vast experience to make an overall assessment of the patient from the pain When asked whether video surveillance provided management perspective. As there is much objective evidence for the Pain Management overlap between pain management and Consultant, Dr. Logan replied: psychology, Dr. Logan may consider it necessary in some cases to seek the opinion of “Although the pain management expert has a duty to an expert in psychology or psychiatry, who the court to provide an unbiased report it follows that, may have already been consulted, (e.g. in as a result of the subjectivity of pain, such reports will cases where post traumatic stress disorder often be broadly in favour of the claimant. The pain may be suspected or somatic symptoms management Consultant is trained to believe a disorder ). ‘patient’ when that person describes and rates their pain but should be more objective than this when acting as an expert witness for the court.
It is not uncommon for pain specialists to be sent video There are occasions, of course, where the video surveillance records on which they are asked to evidence is so compelling that it will result in an comment. In many cases no firm conclusions can be immediate change of opinion. In my opinion if the made about pain as it can’t be measured or deduced claimant is observed clearly performing an activity from a video though it can help with some aspects of that the claimant has denied he/she or they could actually do then this is categorical proof that exaggeration and malingering with regards to disability or he/she/they can do it and this binary proposition is contextual pain behaviour. almost invariably refuted with a “bad days, good days argument” i.e. the claimant was caught on Pain itself cannot be observed on a video though video on a good day and can only perform that behaviour associated with it can be seen. The absence of activity on good days”. pain related behaviour does not indicate the absence of Ideally this situation should be pre-empted by pain, as such behaviour - and the pain itself are often careful exploration of the claimant’s reported pain and disability both on the best day and worst day context sensitive. One would think that it would be scenarios. reasonable to assume that a claimant who is not grimacing and groaning on a video but walks into the clinic doing so may be exaggerating. However, this would A Fellow of the Faculty of Pain Medicine of the Royal College of Anaesthetists (FFPMRCA) Dr. Logan be a dangerous conclusion to form, as the snapshot of video is taken in a different context from the claimant or provides services as a Pain Management Consultant at the Countess of Chester NHS Trust (resigned patient attending a pain management or medico-legal 2019), Nuffield Health Chester; The Grosvenor assessment. A range of opinion is very likely in this situation and video evidence should always be taken in Hospital, Chester, Spire Hospital Warrington, Spire the context of the whole case, the medical records and Hospital Wirral, Spire Hospital Liverpool and Chester Wellness Centre. the reports and videos recorded by all of the medical experts. The number of videos and the dates the videos recorded in relation to the medical records and the expert reports are also of great importance.
A criticism that can be made about many of these videos is that they are snapshots of activity over a short period of time and the viewer is not party to the behaviour of the claimant at other times, or over longer periods of time. We do not see the claimant when in bed, or in their own home. A man who usually uses a wheelchair, seen walking short distances on a few occasions on a video is not necessarily exaggerating or malingering. I would, of course, comment on the facts of the video but we do not know how much pain that man was in and we do not have video footage of whether he paid for his activity later with a prolonged period of bed rest. It is helpful to have video evidence of claimants during examination as this may provide not only useful information regarding the examination itself, disability and pain behaviour but also comparative video evidence under different conditions and on different dates. By its very nature, video surveillance is usually selectively picking up on activity and action and not observing inactivity or lack of function. The surveillance has to be taken in the context of the whole case as to whether exaggeration or malingering are present and ultimately this is a matter for the court to decide with opinions of the experts often being split.
For further information contact: Dr Andrew St. Clair Logan MB ChB FRCA FFPMRCA Nuffield Health The Grosvenor Hospital, Wrexham Road, Chester CH4 7QP
SEARCH FOR AN EXPERT Medico Legal Construction-Engineering-Environmental Forensic Experts & more
CLICK HERE TO VIEW OUR EXPERT DIRECTORY