Forensics mag summer 16

Forensic & Expert Witness E Mag PERCEPTIVE ANALYSES OF THE MOST COMPLEX CASES IN FORENSIC CHEMISTRY

DRUGS, TOXICOLOGY, DNA, EXPLOSIVES, RICIN

OGT FORENSIC Ltd WWW.FORENSIC&EXPERTWITNESSEMAG.COM

The most important criteria to become an Expert Witness is not only to have undertaken extensive academic training in your specialist area, but also to be able to draw on a wealth of practical experience relating to the topic on which you are giving your professional opinion as an expert.

DR JOHN DOUSE - BA (MA), (D Phil) (Oxford), FRSC, FFSSoc (FCSFS), F.Chrom Soc, MIExpE, MEWI, ticks all the right boxes in both cases. During his illustrious career Dr. Douse has worked for 10 years at the Metropolitan Police Forensic Science Laboratory UK, where he dealt with Research and Casework and 4 To discuss the Years Forensic Explosives Laboratory, Fort Halstead UK where he worked on Research, Casework, Trace circumstances of your case Laboratory Operation, Sampling Kit Manufacture and Quality Control. please Contact DrJohn Douse at: Dr. Douse added: “Without extensive practical, theoretical, research and casework experience, as well as skill in the primary areas of expertise, you cannot perform or survive as an Expert Witness.

OGT FORENSICS

Without forensic expertise and experience in handling large complex cases, within often extremely short timescales, there is the risk that vital, often minute details may be missed, which can make the difference limited between prosecution and acquittal.”

Under the umbrella of his company OGT Forensics Ltd Dr. Douse has achieved an impressive reputation over the last 15 years for the highly professional service he has provided as an Independent Forensic Expert working in the UK, Europe and the Far East,

What sets Dr. Douse aside from fellow forensic scientists is the innovative techniques he has developed over the years: • • • • • •

The GC TEA method for the screening of highly contaminated real world samples for traces of explosives.

The quality control techniques used for the operation of Laboratories involved in the trace analysis of explosives and other forensic chemicals of interest (eg DNA) at the low nanogram level.

The silica capillary column gas chromatography method for detecting low nanogram traces of date rape benzodiazepine drugs in small (100 microlitre blood samples).

The prostaglandin method for investigating sexual offences.

The GC/TEA method for detecting traces of Organic Components of gunshot residue.

Vacuuming, headspace, and absorbent clean-up techniques for the trace analysis of explosives, gunshot residue, prostaglandins, and drugs in heavily contaminated samples.

Therefore, it comes as no surprise to learn that Dr. Douse’s Expert Report was selected from those of four UK Independent Experts to defend all 8 defendant's in the Liquid Explosives Transatlantic Airliner Plot Trial.

In his capacity as an Expert Witness Dr. Douse attends Court to give evidence on a regular basis and whilst mainly accepting cases for the Defence, he is also available to work for the Prosecution. However, it should be noted that the Prosecution, as a general rule, have their own ‘in-house’ specialists who provide reports.

Explaining more about the services he provides as an Expert Witness, Dr. Douse went on to say: “The cases that I am involved in are the most serious (Terrorism, Murder, Manslaughter, Rape, etc etc).

Counsel and Solicitors are essentially lay persons and can only guide an expert towards the area of forensic scientific interest. Usually when I analyse the case, a wealth of other highly technical and complex (often mitigating) circumstances are found that only an expert could possibly discern and identify.

I analyse all cases in full detail and any, and every, matter of forensic scientific significance is brought to the attention of instructing Solicitors and Counsel. This is now a vital process as, with the introduction of cuts in finance, I may be the only individual with forensic and scientific training who has access to and who studies the entire case-file.

In a recent case the Doctors might have gained by immediately consulting forensic specialists in Toxicology, as we encounter and are required to consider, on a daily basis, the concept of how most effectively to poison an individual, whereas Doctors focus on trying to save life from such occasionally encountered insults.”

No stranger when it comes to receiving accolades, Dr. Douse’s expertise and experience were key factors in seeing him selected to receive the “Forensic Expert Witness Services of the Year Award 2016” presented by Lawyer Monthly Magazine, as a result of a poll of Solicitors and Barristers in the UK. As you would expect of such a consummate professional, Dr. Douse holds Fellowship and/or Membership to a number of leading Societies including being a Fellow of the ROYAL SOCIETY OF CHEMISTRY, the UK FORENSIC SCIENCE SOCIETY (CHARTERED SOCIETY OF FORENSIC SCIENTISTS) and the CHROMATOGRAPHIC SOCIETY. He also holds Membership to the EXPERT WITNESS INSTITUTE; INSTITUTE OF EXPLOSIVE ENGINEERS and the BRITISH TOXICOLOGY SOCIETY.

I deal therefore usually with the most complex and often high profile cases in forensic science, company prosecutions and also public enquiries.

Multidisciplinary expertise is essential in this work often due to the dependence on a limited number of highly specialised individuals who cannot investigate the whole circumstances of a case and hence cannot see the ‘wood from the trees’.

To discuss the circumstances of your case please Contact Dr John Douse at:

OGT FORENSICS limited

24 Hr: Tel: UK 0800 587 2283 M: 07766 286 001 E: drjohn1@virgin.net or E: info@forensic-expert.org W:forensic-expert.org

HEXFORENSICS Digital Forensics

HEXFORENSICS LTD

Leading the Way in Digital Forensics

Based on an experienced background of 22 years within the Military world, and that of Counter Intelligence, Investigations, working with, and alongside GCHQ, CESG, International Intelligence Agencies, & Law Enforcement, HEXFORENSICS’ background comes from a proven experience to provide specialist services to its’ clients in both the Private and Public Sectors of Commerce & Industry.

Specialist Services provided by HEXFORENSICS include:

• • • • • • • •

Digital Forensics Investigations First Responder Incident Response Expert Witness Services Overt & Covert Operations Computer Security Incident Response [CSIRT] deployments Social Engineering Specialist Cyber Training [International] Cyber Threat Intelligence

In a recent interview, founder and CEO at HEXFORENSICS LTD, Professor John Walker agreed to let us in on the secret to the Company’s year-on-year success: “The most valuable element I possess is experience. Having worked within the Intelligence Community in the UK, and alongside our US counterparts for around 10 years, whilst serving in Counter Intelligence in the military, has provided me with a considerable insight into the workings of the covert world of operations. This combined with serving as an investigator, and First Responder in the early attacks born from computer viruses against the Ministry of Defence [MOD], provided first-hand underpin of operational and investigative awareness.”

Professor Walker was keen to let us know that HEX has been able to achieve such an impressive thanks also to the skill and expertise of the Company’s dedicated team.

An Independent Consultant, Practising Expert Witness, ENISA CEI Listed Expert, Prof. Walker is an Accreditation Assessor and Academic Practitioner and Advisor to the Chartered Society of Forensic Science in the area of Digital/Cyber Forensics, as well as being an Editorial Member of the Cyber Security Research Institute (CRSI).

A sign of the high regard in which Professor Walker’s expertise is held within the academic and business community is evident in the fact that he is a Visiting Professor at the School of Science & Technology at Nottingham Trent University (NTU) and was a Visiting Professor/Lecturer at the University of Slavonia until 2015. A Fellow of the Royal Society of the Arts (RSA), Prof. Walker also writes articles for the SC Magazine UK. Being a full member of the Chartered Society for Forensic Science and holding Certification as a Forensic Investigator Prof. Walker credentials demonstrate his professional ability in this specialised field, to support the most important element of all CPD [Continuous Professional Development].

Outlining more about the services he provides as an Expert Witness on behalf of HEXFORENSICS Prof. Walker told us: “In my capacity as an Expert Witness within this specialist field, in the last two months I have supported Solicitors and Barristers in the Royal Courts of Justice in relation to high profile cases which required much back-room work to prove, disprove or to corroborate digital artefacts. Other cases have been focused on supporting victims of on-line abuse, and conflicts relating to application and software licensing. Here I am agnostic to working for Prosecution, Defence, or as a joint point of expertise.”

Explaining the advantage of an Expert Witness being instructed as early as possible, Prof. Walker went on to say: “The benefit of early instruction is clear – it provides the EW with an early insight into the intended course the case tends to take, and thus provides the benefit of economies of time, which may be on hold for call off at the appropriate juncture. This opposed to taking on a case mid-flight can save hours of confused reading, and catch up on the historical facts.”

When asked to provide us with examples of cases that he had successfully undertaken in the past in his capacity as an Expert Witness, Prof. Walker told us: “The cases I have represented to date as an Expert Witness range from the simplistic review of contracted obligations and technologies, data breaches, through to supporting high profile international cases by acquiring and investigating the complex spread over desperate domiciles which exist within the open space of the internet.

On occasions such investigations have required the employment of Open Source Intelligence [OSINT] methodologies, and visitations into the Dark Web to discover, acquire, and extrapolate and to analyse evidence materials to extract key element of evidential relevance to underpin the case. However, no matter the case there are always two essential outcomes which must be present in each engagement which are: a) The importance to applying robust processes to assure that the acquired evidential materials may sustain any legal challenge, and b) To originate a report which may be understood by all readers, no matter their technical abilities of understanding.

Professor John Walker HEXFORENSICS LTD T: 0207 8626335 E: john.walker@hexforensics.com W: www.hexforensics.com

Chartered land surveyors & Expert Witness Services

INSTRUCTIONS ACCEPTED THROUGHOUT ENGLAND & WALES FOR BOTH PUBLIC AND PRIVATE SECTOR CLIENTS Chartered land surveyors 3SIXTY MEASUREMENT PROVIDES PROFESSIONAL SERVICES, ADVICE AND EXPERT OPINION IN RELATION TO:

It’s vital to have confidence in the survey professional you instruct. The decisions you make with your clients and the success of any litigation depends on the quality and accuracy of the information and reports they provide..

BOUNDARY SURVEYS FOR DETERMINATION & DEMARCATION DISPUTE RESOLUTION RE-INSTATEMENT RIGHTS OF WAY PRE-LITIGATION ADVICE

Established in 2007 the principals of 3sixty Measurement have over 30 years of experience in undertaking a range of Land and Measured surveys. Operating primarily in London and the South East, the company, regulated by the Royal Institution of Chartered Surveyors (RICS), is a recognised industry provider of property measurement and documentation.

COURT COMPLIANT EXPERT WITNESS REPORTS (CPR PART 35)

Supported by a dedicated and experienced team, Director and Chartered Land Surveyor Gary Jackson specialises in Boundary related matters and the provision of Expert Witness reports.

LAND REGISTRY COMPLIANT PLANS FOR LEASES LAND TRANSACTIONS AND TRANSFERS

Gary takes a practical and independent approach, particularly when acting on behalf of both parties in a dispute. Acting as either Single or Joint expert Gary’s survey information and reports are presented in a clear and concise manner and can be relied upon to provide beneficial and useful opinion. Gary holds the Legal Experience Training Advanced Professional Award in Expert Witness Evidence (LETAPAEWE) accredited by the RICS and his reports are compliant with Court requirements (CPR Part 35).

AREA SURVEYS FOR IPMS compliant and (GIA, NIA and NSA)

Acting for Public and Private Sector Clients and direct to members of the public 3sixty Measurement are pleased to accept instruction through England and Wales.

Fees are based on hourly rates and are agreed in advance with the aid of a simple schedule of fees specific to the particular matter.

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3sixtymeasurement Ltd Southbank House Black Prince Road London SE1 7SJ Tel: 020 7637 2930 e. info@3sixtymeasurement.co.uk www.3sixtymeasurement.co.uk

DR. KHALID MAHMOOD Consultant Cardiologist & Expert Witness

Having undertaken the post of Consultant Cardiologist at Solihull Hospital, Heart of England NHS Trust for the past 8 years, since 2013 Dr. Khalid Mahmood has also offered his services as a Medico-Legal Expert Witness.

Dr. Mahmood has been requested to give evidence in as an Expert Witness in court cases on a number of occasions, including those listed below: •

A case which took place at a Coroners Court: Independent Expert Witness Review of a case of in hospital mortality

•

A case for which Dr. Mahmood acted as an independent Expert Witness on behalf of the Crown Prosecution service regarding case of mortality linked to alleged medical negligence.

•

Dr. Mahmood acted as an independent Expert Witness: Medico-legal compensation injury claims - multiple.

•

Dr. Mahmood acted as an independent Expert Witness in a case which took place in Crown courtCase involving motorist involved in fatal car accident.

Dr. Mahmood’s expertise is sought after at the highest levels, as evident in the fact that he has been the Educational lead for medical student teaching; undertaken a Regional role in SpR teaching/assessment, together with undertaking MRCP training and providing a contribution to core medical training for FY1 and FY2 trainees.

You only have to look at the extensive academic training Dr Mahmood has undertaken, leading to him achieving qualifications including Mb ChB, MRCP (UK), together with the wealth of practical experience on which he can draw, to appreciate that he has all the necessary credentials to provide a highly efficient, unbiased service as an Expert Witness.

In a recent interview Dr. Mahmood told us: “I have over eight years experience as a consultant cardiologist with a wide variety of clinical interests. This has allowed me to gain knowledge and experience of many different clinical cases which allows me to provide critical review of cases where I am asked to act as an Expert Witness.I also have experience in general internal medicine which broadens my knowledge base and helps to review cases in more detail and with wider expertise.”

The Dr also regularly attends international and national Seminars & Workshops, as part of his commitment to continually develop his knowledge-base.

As you would expect of such a consummate professional, Dr. Mahmood is a Member of the Royal College of Physicians, a Member of the Medical Defence Union and a Member of the British Medical Association.

If required, Professor Mahmood is happy to provide details of three referees.

To discuss your requirements for an expert witness please contact: DR. KHALID MAHMOOD Tel: 07795460224 Email: khalidmahmood99@hotmail.com

MR. SUDHANSHU CHITALE Consultant Urological Surgeon & Expert Witness

Whether acting on behalf of the plaintiff or defendant, when dealing with cases of medical malpractice the Physician acting as an Expert Witness, is one of the most important figures in malpractice litigation.

Specialising in Urology, Sexual Medicine, Andrology, Uro-oncology, Paediatric Urology, Female Urology, Emergency Urology and Endourology: Consultant Urological Surgeon Mr. Sudhanshu Chitale is able to draw on his considerable academic and practical training, which led to him achieving a Masters in General Surgery (MS), Diploma in Urology, Diplomate National Board : DNB-Urology, Fellowship of the Royal College of Surgeons in Urology (FRCS-Urol), Fellowship of the European Board of Urology (FEBU), together with his extensive surgical experience covering a wide range of areas including: Prostate Cancer and Benign Prostatic Enlargement (BPH); TURP / Bladder Cancer: TURBT; Diagnostic Cystoscopy; PSA Test and Advice; Cystitis/UTI; Kidney Stones / Ureteric stones: lasertripsy / ureteroscopic extraction, Testicular Lump / Pain, post –vasectomy complications , Genitourinary Trauma; is able to provide an independent, professional service as an Expert Witness.

Depending upon the case in question, Mr. Chitale is also able to utilise his expertise in Andrology when acting as an Expert Witness, covering the following issues: • • • • • • • • •

Male sexual Dysfunction (MSD): Peyronie's Disease Premature Ejaculation / Erectile dysfunction Male Infertility Vasectomy and Vasectomy Reversal Hypogonadism and Testosterone therapy Genital cancers (Testis / Penis), scrotal lumps Prostate / BPH and all prostatic diseases Adult / Paediatric Circumcision As well as offering specialist advice /services in the outpatient / day case / inpatient settings, Mr Chitale remains available for addressing any emergency or worrisome situations / episodes

• • • • • • • • • • • • •

Haematuria (Blood in the Urine) Haemospermia (Blood in the Semen) Acute Painful testis Testicular trauma Penile trauma / fracture sustained during intercourse Paraphimosis (Foreskin rolled back and stuck) Finding of worrisome lump in the testis: fear of cancer Finding of a raised / elevated PSA blood test reading on routine check Acute stoppage of urine (Urinary retention) Urinary Tract infections in men and women Blocked / painful kidney due to stone disease Genito-urinary Trauma inc intra-operative urinary tract injuries to the ureter / bladder Catheter related complications / suprapubic cystostomy insertion related complications

Having completed the Bond Solon Course on Medico-Legal Report Writing, Mr. Chitale has been on the Expert Witness Directory since October 2013, and is extremely knowledgeable in writing Medico-Legal Reports, as he explained: “I have also compiled several expert witness reports and overview reports on breach of duty and causation / prognosis both for defendants and claimants.

Mr. Chitale also successfully completed the Expert Witness Course arranged by MPS/BAUS at the RCSE in 2014, as well as having recently undertaken Courtroom Skills training and Cross Examination Training at Bond Solon in January this year.

As part of his continual commitment to research and development, Mr. Chitale has been involved in a number of research projects for which he has been the Principal Investigator (PI).

Having led the first ever Prospective Randomised Controlled double blind Trial of ESWT vs sham therapy for Peyronie’s disease (published in BJU Int. in Dec 2009), Mr. Chitale had the honour to be chosen as a co-investigator for two Randomized Controlled Trials (RCT) in Urology and contributed significantly to patient selection and recruitment, as well as help bring the studies to completion.

The following two trials have been published in peer-reviewed journals.

• •

A prospective randomised single blind comparison of ureteric stents composed of firm and soft polymer: (Multi-centre trial: Norwich, Wakefield, Bristol UK) A multi-centre randomised controlled study to compare the impact of different ureteral stent lengths on patients' quality of life using a validated questionnaire: (Multi-centre trial: Norwich, Wakefield, Bristol UK).

Mr. Chitale has also conducted and published outcomes of several Clinical Audits, one of which has had significant impact on current clinical practice; published in the Journal of sexual Medicine (JSM), this Audit highlighted the link / relationship between Lower Urinary tract Symptoms (LUTS) and Erectile Dysfunction (ED).

The high esteem in which Mr. Chitale’s expertise is held within the profession is highlighted by the fact that he holds a post of Honorary Senior Lecturer at the UCL Medical School, London and has been proud recipient of The Top Teacher Award for 2013-14 (by popular student vote when 1100 voted) and Excellence in Medical Education Award in 2015/16.

As you would expect from such a consummate professional Mr. Chitale is a Member of a number of leading organisations including: British Association of Urological Surgeons; British Medical Association; American Urological Association and European Association of Urology.

All of the above signify that Mr. Chitale has all the necessary credentials to offer a highly professional service as an Expert Witness; including the preparation of Medico-Legal Reports and appearing in Court, in negligence cases relating to cases involving his specialist areas of expertise.

FOR MORE INFORMATION PLEASE CONTACT: Mr. Sudhanshu Chitale Private Urology London C/O Highgate Hospital 17-19 View Road London N6 4DJ Free Phone: 0800 025 7519 Secretary: urologysecretary.sc@gmail.com Email: chitalenorwich@aol.com Website: www.privateurologylondon.co.uk

Mr. Chris Makin 'Forensic Accountancy Expert Witness'

Chris Makin qualified as a chartered accountant 40 years ago, and practised in the “boring” areas – accounts, audit, tax, business advice – for 15 years. In 1988 he was asked to help defend the chairman of Barlow Clowes, which had collapsed with debts of £150million; this was the first big infamous Ponzi scheme. With a team of 6 assistants he had to assess van-loads of evidence from the Serious Fraud Office, and his report of 43 ringbinders was agreed by the Prosecution, leading to the chairman’s “Not Guilty” verdicts on all charges.

Chris was hooked, and he has practised full-time as a forensic accountant, expert witness, mediator and expert determiner ever since. He loves the courtroom, having given expert evidence about 100 times, and he has conducted a similar number of mediations, with an 80% settlement rate.

Our recomended Forensic Accountant

Chris has vast experience in all manner of legal cases, including professional negligence, director disqualification, shareholder and partnership disputes, insurance claims, product liability, family, personal injury, fatal accidents and crime, as well as lecturing and training. He is a much respected author of legal papers.

Versatility is key to the role of a forensic accountant.

Chris offers a wide range of dispute resolution methods as an accredited forensic accountant, accredited expert witness, accredited mediator and accredited expert determiner. He finds mediation particularly satisfying, when he can help others to settle their differences in their own way, and avoid the horrors and expense of a trial.

Dedicated to helping others, Chris is an active fellow

of the Academy of Experts - of which, there are only sixty worldwide - and sits on the Academy's investigation committee. He is an examiner in mediation and expert determination.

At ICAEW (Institute of Chartered Accountants in England and Wales) he sat for many years on the Forensic committee and the Support Member steering group, and continues as a member of the Ethics Advisory committee. He acts as a Support Member, or honorary counsellor, for chartered accountants facing disciplinary and other ethical problems.

A highly experienced and respected chartered accountant, Chris understands business; he wrote a chapter for Kemp & Kemp The Quantum of Damages to explain business, financial accounts and how to quantify losses in a style which “even” barristers and judges could understand!

Chris offers a professional, objective and independent opinion on cases where the common factor is that money or valuable assets are involved.

This Award-winning chartered accountant has also been instructed to work on many ‘structured collar’ cases, involving the big banks of the UK and smaller businesses.

'Structured collars' are interest hedging agreements sold to SMEs, as “protection” against interest rises.

The FSA/FCA have ruled that they were mis-sold in 90% of cases, and that compensation must be paid.

Some 30,000 SMEs are entitled to compensation, and Chris’s task is to quantify the loss of profits and other costs and losses arising from the damage caused to a business where £250,000 a year or more has been paid to the banks under these mis-sold contracts.

His findings are typically that compensation of £1-3million should be paid.

Over the last 25 years Chris has acted in hundreds of personal injury and fatal accident cases, both large and small. He acted for the dependents of 5 of those killed in the Selby rail crash, for example, and he currently has several mesothelioma cases.

The pattern is 50% for claimants, 30% for defendants and 20% as Single Joint Expert. When acting for claimants, his figures are mostly accepted even after detailed review from the other side, but when acting for defendants he has made significant savings.

And with so many appearances in court as an expert witness, judges are used to relying on his opinions, too.

Chris has a vast experience in matrimonial cases.

With business and share valuations being a large part in these cases, Chris can advise on a tax-efficient way to withdraw assets from the marriage.

Criminal cases have involved money laundering, drug trafficking and taxation offences. The main attraction in using Chris as a forensic accountant and expert witness is that it costs nothing to find out if he can add value to your case. He provides an initial review with no obligation to instruct him. If the case doesn’t proceed any further than the initial review, there is no charge and all paperwork is destroyed. If the matter does proceed the time spent on the initial review is included in the fee quoted, and only when terms are agreed is a contractual relationship established.

When it comes to hiring a forensic accountant,. Chris Makin certainly has the experience required. As well as offering his valuable no obligation review, the work completed will be to an impeccable standard and hard to beat.

For further information, please call Chris Makin, Forensic Accountant on 01924 495888 or email enquiries to: chris@chrismakin.co.uk

PAUL JONES ASSOCIATES Chartered Clinical Psychologist & Expert Witness

The main criteria for an Expert Witness is the ability to draw on a great deal of experience within their particular field, combined with considerable academic training to enable the expert to provide a highly professional, unbiased service as an Expert Witness.

Therefore, it comes as no surprise to learn Mr.Jones has been involved in Medico Legal work as an Expert Witness for over 20 years, during which time he has gained vast experience in providing Psychological Reports.

That’s exactly what you can expect from Paul Jones(B. Sc., C.Pyschol, AFBPsS), who, under the umbrella of his company Paul Jones Associates, has gained an impressive reputation for the quality service he provides as an Expert Witness.

Another matter commonly referred concerns the impact upon children of parental disputes about contact or residence – such children frequently trapped in the crossfire whereby they suffer huge and damaging emotional pressures which are not always recognised by the statutory services.

Psychological assessments inform the Courts decision-making in respect of children, plans sometimes deferred until intervention in the form of therapy is offered in order to inform whether, post assessment, parents are able to prioritise and to act on their children’s identified needs”.

Mr Jones is well-versed in the formalities of giving evidence in Court, attending court in England and Scotland on average 12 times per year, mostly within the civil courts and usually on the basis of a single joint instructed expert. Assessment of attachment and providing advice about permanency planning and the implications regarding the placement of large sibling groups in respect of children who were unable to return home commonly featuring in instructions.

Mr Jones added that he was used to working with complex cases such as Fabricated or Induced Illness by Carers (formerly known as Munchhausen by Proxy) where, as a means of meeting their own needs a carer fabricates or induces illness or disability in a child.

In his capacity as an expert Witness Psychologist Mr Jones provides services in the Midlands, North of England and Scotland.

He is familiar with working with interpreters. Depending upon their size and complexity cases can normally be completed with provision of a comprehensive report within two months.

In a recent interview Paul let us in on the secret to his success: “I have the benefit of more than 40 years’ experience (25 within the NHS) as a Clinical Psychologist working principally with children and families. Generally, within the context of forensic work, referrals are made to myself because my experience and qualifications enable me to work equally with children and adults in providing assessment and, as appropriate, therapy. Usually the task is one of identifying the needs of children as well as their carer or potential carers’ capacity to meet their needs, if necessary with specified supports, thereby eliminating the requirement for separate assessments which then have to be matched.

The ability quickly to assimilate sometimes vast amounts of information going back many years, to identify the most salient issues and, so as to obtain the necessary information to inform the Courts decision-making, to relate to and to understand families who may be extremely hostile and defensive are important aspects of the job.

Risk assessments and advice on treatment / support needs is provided in cases of neglect, physical, emotional and sexual abuse, mental health concerns (child and adult), drug and alcohol misuse and domestic violence. Denial is an issue that I am often asked to address as well as advising on the capacity of the carer or potential carers to work in partnership with childcare professionals.

Mr. Jones commented that it was helpful in his view for an expert witness to be instructed early in the case rather than later on since that enabled the court to benefit from a psychological overview which, depending upon the findings and the quality of the report, may result in costs being reduced by avoiding the necessity of a contested hearing.

An Associate Fellow of the British Psychological Society and listed on the Expert Witness register, Chartered Clinical Psychologist Mr. Jones has attended regular update training in respect of child development, attachment, child and adult mental health, permanency planning and the role of the expert in legal proceedings.

Since 2004 Mr Jones has also sat on review panels organised by the Independent Review Mechanism to hear adoption and fostering appeals.

To discuss your requirements for an expert witness Please contact: Paul Jones Associates Clinical & Forensic Psychology Services P.O. Box 54 Wallsend Tyne & Wear NE28 7YR T: 0191 263 0808 E: pauljonesassociates@blueyonder.co.uk W: www.pauljonesassociates.co.uk

1 Blackdown Road, Deepcut, Surrey GU16 6SH. UK T: +44 (0)1252 856 700 | E: c.betton@delphichse.com | W: www.delphichse.com

A forward-thinking company, backed by a dedicated team and modern support services, Delphic HSE Solutions Limited has achieved an impressive reputation since its inception for providing a highly professional service in the fields of toxicology, pathology, product safety, cosmetic safety assessment, product development and environmental management and assessment.

Key to the company’s success is the fact that, under the leadership of Chairman and founder Cliff Betton (BSc, FRSB, CBiol, FIEMA, FRSC, CEnv, EUROTOX Registered Toxicologist), the company is able to draw on the skill and expertise of a highly experienced team, all of whom have worked for Government, NGOs, large international organizations or Universities, as well as on projects for industry associations in the oil, lubricants and chemical industries.

With increasing legislative complexity and a penchant for litigation, all companies have recourse to the Law at some time. Delphic HSE staff are experienced as Expert Witnesses and have contributed to a number of legal cases, including:

• • • • .

Criminal murder trials Counterfeit manufacturing of premium branded poducts Personal injury cases involving consumer products Occupational exposure to chemical substances and mixtures Mr. Mr. Cliff Cliff Betton Betton -BSc, BSc, FSB, FSB, CBiol, CBiol, FIEMA, FIEMA, FRSC, FRSC, CEnv, CEnv, EUROTOX EUROTOX Registered Registered Toxicologist Toxicologist Chairman Chairman and and CEO CEO of of Delphic Delphic HSE. HSE.

Cliff Betton has been able to utilise the experience and training he gained throughout his career to provide a highly professional, unbiased service as an Expert Witnesss. Trained as a Zoologist, Cliff’s career covered a wide spectrum of disciplines ranging from his first post working for Unilever in the Environmental Safety Division, where he dealt with all aspects of fish toxicology, through to working on mammalian toxicology and human health issues in relation to detergents, oils and industrial chemicals for BP. A member of the CONCAWE Ecology Group, Cliff also chaired the Biodegradation Task Force. Having joined Castrol in 1989, Cliff undertook a number of roles in the Automotive business, related to HSE issues before moving to the Corporate Centre of Burmah Castrol as Environmental Affairs Manager. Cliff joined Intertek in 2002 as Manager of Product Safety Assessment Limited, where he played a key role in seeing the company develop from a predominantly UK based operation to a global health and product assessment consultancy.

In 2005 Cliff took a ‘leap of faith’ and formed his own company Delphic HSE Solutions Limited and the rest, as they say, is history!

A sign of the high regard in which Cliff’s expertise is held within the sector is evident in that he has lectured on risk based safety assessments in the UK, USA and Europe, as well as running a number of training courses on REACH. Cliff has also published a number of scientific papers including chapters in standard text books on environmental issues together with having edited the first volume of Global Regulatory Issues for the Cosmetic Industry and contributing two chapters to the book.

As you would expect from such a consummate professional, Cliff is a Fellow of the Royal Society of Biology and a Chartered Biologist; a Fellow of the Royal Society of Chemistry; a Fellow of the Institute of Environmental Management and Assessment and a Chartered Environmentalist; and a EUROTOX Registered Toxicologist.

Specialising in Dermal Toxicology, Environmental Toxicology, Exposure Modelling, Regulations, Product Labelling, Risk Assessment, Expert Witness, Auditing, Lecturing/Training Courses, Cliff has all the necessary credentials to provide a highly professional, unbiased service as an Expert Witness.

In a recent interview Cliff explained a little more about the service he provides as an Expert Witness: “In my capacity as an Expert Witness I have written a great many Reports and to date I have not been challenged by an opposing Expert, and hence have not be required to attend Court. However, I am fully conversant with the formalities required when giving evidence as an Expert in Court and would be pleased to do so if required.

As a general rule I have acted on the side of the defence but in the latest case I have undertaken, I am acting on behalf of the prosecution in an international dispute case that is going to arbitration in August I am almost certain that I will be appearing in that one. In the majority of cases I have acted as a single Expert but in the latest case I am acting as one of a team of Expert Witnesses, each with a different area of expertise.”

When asked to outline the type of cases he has successfully undertaken as an Expert Witness in the past, Mr. Betton told us: “The cases I have undertaken in the past include being involved in Murder trials as a defence witness, as well as acting as a defence witness in a case of assault on the police and giving my opinion as an Expert Witness, for the prosecution, in an International dispute between the Government of an Asian country and an Oil Company.”

If you are concerned with litigation related to any aspect of product manufacture, use or abuse, Delphic HSE may be able to assist you.

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Jeffrey expanded on the categories of cases where Honeycomb operates: Expert work and commercial litigation support

“We provide expert financial analysis and opinion on all kinds of contentious matters. This includes breach of contract, warranty claims, loss of profits and earnings, professional negligence, business interruption, partnership disputes, and corporate transactions. We also specialise in intellectual property matters, including infringement actions and royalty determinations.”

Since its launch last September, boutique forensic accounting firm HONEYCOMB has achieved an impressive reputation for providing specialist and dedicated forensic accounting, investigation and litigation support services to law firms, regulators, banks, insurance companies, corporates, central and local government and law enforcement agencies. In addition, Honeycomb is building a strong and attractive offering to fraud, risk and compliance officers who deal daily with exposure to business and financial risks both internally and externally.

Honeycomb is based in the centre of legal London, off Chancery Lane, but their work has global reach. Many cases are litigated through London, while others, particularly international arbitrations, are being conducted abroad, but nearly all cases have some international aspect.

Most cases involve overseas clients and businesses, and Honeycomb has particular experience working in Eastern Europe/CIS, the Middle East, Africa and the Americas, with the necessary language skills to work effectively in these regions.

Honeycomb is under the leadership of MD Jeffrey Davidson, a forensic accountant with twenty years’ experience working on the accounting, financial, economic and commercial aspects of complex business disputes. Jeffrey is also an experienced Expert Witness, having given oral evidence in courts and tribunals in the UK and abroad on 47 occasions. He is supported by Richard Bates and a sizeable team of qualified specialists.

In even a few months Honeycomb has seen its business grow and develop. This has been helped in no small measure by the fact that this highly experienced team all worked together before forming Honeycomb, as Jeffrey told us in a recent interview: “The whole Honeycomb team worked together for several years at Crowe Clark Whitehill, an award winning top mid-tier accountancy firm, where we were the forensics division. So we have a team history and experience well beyond the short life so far of Honeycomb. And we continue to have an excellent working relationship with CCW with whom we share expertise when the opportunity arises.”

So why Honeycomb? Jeffrey explained: “The honeycomb is a robust and effective cellular structure. For us, it’s about providing a well structured and focussed set of services, separate, but interconnected. A client can buy into a single service, or “cell”, or a range of services.

For example, one of our services is digital forensics.

Contentious valuations

“We value businesses and assets in contentious circumstances, for example shareholder disputes, negligent valuations, matrimonial disputes and following business sales. I am also on the ICAEW President’s panel of valuers acting in expert determinations.”

Investigations

“We get involved in a wide range of financial and regulatory investigations on behalf of law enforcement agencies, regulators, corporates and other bodies, into corruption, fraud and other financial irregularities, which may lead to both civil and criminal proceedings.”

Financial crime

MD Jeffrey Davidson A client may ask us to capture data from a number of computers. That’s buying into one cell. Once the relevant data is extracted, the client may need the data put on an e-document platform, that’s another cell, and then analysed, yet another cell. Our inter-connected range of service cells allows the client to satisfy their needs with a one-stop integrated approach to what would otherwise be a fractured and leaky process. We deal with all the risks under one roof, and the client gets a more purposeful and focussed solution. It’s entirely up to the client to choose how much or how little help they need us to provide.

This philosophy to offer a broad spectrum of forensic accounting services including expert work, civil and criminal, contentious valuations and investigations is key to Honeycomb’s continuing success. While many firms only do expert work or investigations, civil or regulatory or criminal cases, Honeycomb has the expertise and experience to cover all these types of cases, and will be engaged in the whole range of cases at any one time.

We asked Jeffrey about this breadth of practice areas.

The work is the same, he explained. It all requires the same people attributes of technical excellence, analytical skills, and curiosity. And each case involves facts and explanations to be verified, financial transactions to be investigated and financial hypotheses to be tested.

In Jeffrey’s words: “Every case is unique, and each is approached with a fresh and open mind, but process, case management, analysis and report production are generally common to most cases”

“We have experience in a broad spectrum of financial crime and take engagements on behalf of either prosecution or defence on a wide range of cases including money laundering, false accounting, proceeds of crime and general fraud and theft.”

Another unique feature of Honeycomb is the range of ancillary services it provides to enhance its ability to deliver its core expert and forensic accounting activities.

Jeffrey explains the purpose of these additional services: “We operate in an increasingly global, technological and complex business environment; in a world where information can be contained in many different places and on diverse media; where the volume of documentation can be vast; and where value and assets can be well hidden anywhere. It is no longer sufficient for us to say, give us financial records and we will analyse them. We need to be more proactive; we need to be more up-front in supporting clients’ efforts to obtain and manage the information, whether it be on paper or electronic, and to help them organize, prioritise and identify what is important in the information.”

Honeycomb’s range of litigation support services includes digital forensics, e-disclosure platforms, data analytics, asset tracing and intelligence gathering.

Digital forensics

Jeffrey says: “It’s no use being able to read numbers on a piece of paper but be defeated by information held on secure servers or smartphones. We have the resources and technology to unlock information and data from virtually any device, and then to analyse and review electronic information like Microsoft files, accounting packages, emails, texts and other information in digital form.”

Data analytics

Jeffrey explained the importance of this service: “While most of our contribution to a case comes from applying our intellectual resources, technical expertise and long experience to the financial information, we have at our disposal a wide range of technical and data analytic tools to allow us to deal with very large volumes of both verbal and numerical data quickly and effectively, and are particularly adept at identifying anomalies in large volume datasets.”

e-disclosure platforms

E-disclosure is now an essential tool for any sizeable case or investigation. Jeffrey elaborated: “Long gone are the days of getting through large volumes of documents only by hand. We use, and provide for the use of the dispute resolution teams we are part of, a range of document review and e-disclosure platforms. These are essential tools for giving access to, organising and making sense of, large amounts of paperwork, with the added benefits of allowing one to use sophisticated search protocols including the use of predictive coding”

“Our well respected practice in forensic accounting, ligation support and investigations assists the legal profession, regulators, law enforcement agencies and other professional clients engaged in contentious activities, by preparing expert financial information, analysis and reports for both litigation and investigations.

We provide expert and authoritative analysis and opinion on the financial, economic, accounting, fiscal and monetary aspects of disputes and investigations, whether they are being conducted through litigation, arbitration or some form of alternative dispute resolution.”

Asset tracing

Where does asset tracing fit in, we asked Jeffrey: “As forensic accountants, most of our work is done analysing financial information held on records made available to us. But what about information which goes beyond the scope of the available records? We may see funds going out of an account, but where has it gone? We have the expertise to trace assets, both physical, monetary and electronic both within the UK jurisdiction, abroad, and off-shore. This is an essential service in joining up the dots for a successful case, and for a proper analysis of all the litigation risks.”

Information and intelligence gathering

The most general area of work Honeycomb does, but no less important for that, is intelligence work: “In addition to what we can achieve with any information already available, and with asset tracing, there is often need in a contentious situation to be more proactive in obtaining information. This includes financial information and information about individuals, businesses and their relationships. You would be amazed what can be found in open source material, on the web, in social media and the like. We have cracked entire fraud investigations just from Facebook and LinkedIn; but we also have access to data held on the web, the dark web and other publicly available sources, most of which the public doesn’t know exists. This is a major area whereby we enhance the results of a financial investigation.”

For further information please contact Honeycomb Forensic Accounting Honeycomb Professional Services Group Limited Central Court, 25 Southampton Buildings, London WC2A 1AL Tel: 0203 709 9250 Email: enquiries@honeycombpsg.com Website: www.honeycombpsg.com

Mr. Richard Forensic & Expert Witness Scott-Watson E Mag Special Issue

Trauma & Orthopedic Medico - Legal

Sponsored By

Mr. Richard Scott-Watson RSW Medicolegal Ltd

Special RSW Medicolegal Ltd

Mr. Richard Scott-Watson

The Senior Management team of the Forensic & Expert Witness E Magazine are delighted to announce RSW Medicolegal as the recipients of the Medico-legal Services Award for 2014/15. The Award reflects the experience and professional expertise that the firm offers in the writing of medico-legal reports and in the provision of expert witness testimony.

RSW Medicolegal Ltd

Experienced and qualified opinions within this special issue

FOCUS On

The benefits of instructing direct

INSIDE

Based in Stourbridge, firm founder and Managing Director, Richard Scott-Watson is a highly experienced Trauma and Orthopaedic Surgeon. He became the Director and sole Medical Examiner at RSW Medicolegal Ltd in August 1990. Since its inception, the firm have been specialising in the provision of high quality medico legal reports in the field of orthopaedic related personal injury cases.

Mr. Scott-Watson is a single expert with over 24 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. He is a member of the Oxford Medical and Legal Society and attends industry-led conferences each year, depending on how interesting and relevant the subject matter is.

Mr Scott - Watson

discussed his work as an expert witness in a recent interview 'How has your experience and various qualifications enhanced your standing as an Expert Witness?'

“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,” he explained.

“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.”

'How regularly do you attend court and who do you act on behalf of?'

“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,” Mr. Scott-Watson replied. “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.

With changes to the rules anticipated in January 2015 I can see the potential for a significant change with more cases being challenged by Insurance companies”

“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 continued. “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 18,000 reports, there are not many things that are new, but the odd one still turns up now and again,” Mr. Scott-Watson went on to say Mr. Scott-Watson was then asked to 'explain the importance of instructing an Expert Witness at the beginning of an investigation/legal case, opposed to asking for an opinion at a later stage of the proceedings?'

“The timing of instructions is something not all lawyers get correct,” he said. “For simple cases that will settle down and probably fully recover in a year or two, an early report is largely pointless unless there vis financial hardship and an interim payment is needed, since without a medical report this is very difficult.”

“A single detailed report at the twelve to eighteen month mark will usually clear the whole medical aspect of the case in one report,” he went on to say.

“The problem comes with the multiple injuries as these are much better addressed with an initial report early, probably within three months. This will set the scene for time off work, reports from other specialities and whether or not full recovery is anticipated from that point. This can help with interim payment requests, which are almost always an issue in these cases, at an early stage and reduce the often considerable financial burden placed on claimants from prolonged absence from work.”

'Could you provide brief examples of cases that you have instructed on?'

“Many of the cases are due to initial reports proving incorrect with the passage of time, usually in that a prognosis has not been agreed by the claimant.

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,” he explained.

“However, the telephone only rehabilitation report is worse than useless,” he continued. “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. Many of these reports are completed in only a few minutes although some GP experts will give up to twenty. 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.

“The person on crutches long term, such as an above knee amputee who cannot have a prosthesis, will gain considerably more mobility disability from a broken wrist than those with no initial disability.” he explained. “Equally that person may gain little disability in activities of daily living as their disability in these activities was already so high that it could not really be increased. Such arguments are vital to assess a case fairly for both parties.”

“People often present with areas previously injured that they have now re-injured or have sustained a new injury in the same area. This is common with hands in particular,” Mr. Scott-Watson explained.

“Assessing the total disability in these cases is essential but these things add together strangely.

The final disability is not just the sum of the parts, nor is it in other circumstances. Where the two disabilities interact there is both the individual disability plus the interaction, so one of the few cases where it is possible to say that two plus two really does equal five as you have to add the extra one for the interaction!”

“Equally, where someone is left with a permanent disability, there is the potential interaction with the ravages of the ageing process,” he went on to say.

“As above, anything that limits the ability to use crutches will disproportionately affect someone who later needs them for a hip or knee condition.

This could be someone with a shoulder soft tissue injury that still reacts to repetitive movements but otherwise works normally. This is a common problem that joints are said to have returned to normal range of movement but the claimant’s report of inability to perform repetitive movements is not fully taken into consideration – a common problem here is left arm injuries and changing gear or left foot injuries and operating the clutch of a manual car.”

“In such circumstances there may be a good medical reason for advice about an automatic vehicle. An elbow that no longer fully straightens from a minor

fracture can produce similar arguments and cause disability that can easily seem out of proportion to the original injury, but that is because it is.”

Providing further examples, Mr. Scott Watson continued: “Then there is the case of the joint that is damaged and will wear abnormally in the future.

The most frustrating for the lawyers is the fortunately rare dislocated hip. The problem with these is that it is known that they can suddenly deteriorate at five years post injury so cases cannot be settled until that date, unless the deterioration occurs earlier. The difficulty is that the deterioration is the head of the femur disintegrating (from avascular necrosis) and the other problem is that these claimants are young so need a hip replacement at an early age that will inevitably need replacing again. The difference to the claimant and the difference in value between having no complications and having this complication is very significant.”

“Cases where one remaining disability can lead to another injury are not uncommon,” he explained.

“This is particularly the case with abnormal gait. It can be difficult to make a reasonable estimate as to when deterioration will occur if insufficient time has been allowed to determine what is most likely.”

“The expert who examines the notes is also there to see how the claim medically fits together.”

“Common scenarios are initial report claims of severe disability but when the notes are examined the claimant either did not attend a medical practitioner after the event or attended only once, with subsequent attendances about other matters, making no reference to continuing symptoms.”

Areas of Expertise

“Where the claimant is attending a physiotherapist or chiropractor then there is no requirement for duplication but the claim of severe symptoms, as opposed to lesser ones, with no corroborative evidence is a contradiction. Attendances at the General Practitioner, or other health care professional, in the early stages does help to give an indication of the expected recovery. Inconsistencies are particularly those cases where little is wrong, at the time where symptoms are maximal, but symptoms then seem to build from a point after that. A few of these cases are genuine and the notes will help, but most are building their case, which the notes will also give an indication about if examined correctly. The long gap followed by a sudden clutch of attendances is quite a give-away,” Mr. Scott-Watson exclaimed.

“Many cases that I see are ‘simple whiplash’, and most of those turn out not to be,” he continued.

“My particular hobby horse is the neurological consequences of these injuries. Many of the claimants have low level, usually non-disabling arm symptoms which the vast majority of practitioner’s seem to either ignore, put down to something else or mention but then ignore. The problem is that this leaves claimants with permanent symptoms that would be completely remediable with appropriate treatment, in the vast majority of cases, as this is not a condition that will resolve spontaneously. The other problem with it is that claimants commonly develop minor short term arm symptoms after these injuries but what they have done is start a process that will not then manifest itself fully until about three months later. This generates two problems: Firstly that it can be ignored because the initial medical report does not use the notes and is usually written before the symptoms return (the claimant has usually forgotten the initial symptoms and these reports are so brief that detailed questions are not asked) and secondly that when those symptoms do return, being three months later, both the claimant and the expert who is unclear of the diagnosis can put it off as something unrelated.”

In conclusion, Mr. Scott-Watson explained: “Overall the expert wants to see the cases they can best address. I do not particularly want burns or hernias, but have been sent both in recent months. Clear instructions are really helpful, as is a description of the claimant’s version of how the accident happened. This is because claimants forget and as a result numerous re-writes of the ‘history of accident’ section can be requested. Where initial reports need alteration, provided the evidence is there it is the expert’s duty to realise that the report is a draft until finalised and this should never be an issue. However it is still a regular issue that solicitors ask for alterations in the version given at interview without providing evidence or ask for quotes from notes to be changed to benefit their client’s case.

Whilst this is in some way understandable it should never be given in to. What becomes really difficult is where solicitors work through agencies but the agencies ‘translate’ the request before passing it on, as well as inevitably delaying it somewhat.

This often leads to misunderstanding as the expert answers the question posed by the agency, but it is not the one the solicitor asked. To deal direct with solicitors is always in the client’s best interest and prevents misunderstanding and delays. Of course it also removes the agency from the process and the large fee that they take for their involvement.” “ What does the future hold? It would be unwise to comment too far because there is still considerable uncertainty, but presumably MedCo will appear for good or ill as will rules about striking out cases where dishonesty is shown. Certainly the GP initial report form did nothing for fraud other than probably increase it. It will be very interesting to see if the next changes make the system better or yet worse, but either way I can see many more cases being challenged by insurance companies in the coming months than has been the norm up to now.”

General orthopaedics, fractures and trauma Musculoskeletal injuries Hand and wrist injuries (including wrist fracture) Tendon injuries Forearm injuries and fracture Elbow injuries and fracture Humerus fracture Shoulder injuries and fracture Shoulder dislocation Whiplash injuries Cervical spine soft tissue injury Cervical spine fracture Back injury and pain Thoracic spine fracture and pain Lumbar spine injury, fracture and pain

Pelvic injury and fracture Hip injury and fracture Neck of femur fracture Femur fracture Knee fracture Knee ligament injury Knee meniscus injury Meniscus injury Tibia fracture Ankle sprain, fracture and dislocation Calcaneum fracture Foot fracture Metatarsal fracture Compound fracture Closed fracture

Mr R Scott - Watson

BSc(Hons) MB BS LLB (Hons)(Open) Cert.Av.Med.Cert MR(2)DDAMFRCS(Ed)

RSW Medico-Legal Ltd

Expert Witness in orthopaedic Trauma. APIL Expert.

Injury reports and employment Tribunal reports (Equalities Act).

Waiting list 4-6 weeks. Urgent reports undertaken.

Reporting since 1990. Over 17,000 reports ( Currently 1,500 per annum).

Fully trained in CPR, Court appearance (3 per year) and Report writing.

Low Velocity Impact Traffic Accident cases accepted.

Clinics in Stourbridge, Birmingham, Coventry, Bristol, Swindon and Oxford.

Home and Prison visits undertaken.

For further information, please contact

Mr. Scott-Watson's Secretary, Carol Couzens Tel/Fax: 01384 441 126 or email enquiries to carolcouzens@ymail.com

ANTHONY MARK DUNNE

Clinical Pharmacist & Expert Witness

Anthony Mark Dunne is able to utilise the unique experience he gained working as a hospital Clinical Pharmacist for more than a quarter of a Century, to provide a highly professional, independent service as an Expert Witness.

In a recent interview Anthony outlined how the practical expertise he gained working as a Clinical Pharmacist enables him to provide a more rounded service as an Expert Witness:: The clinical pharmacist spends a lot of their working day at patients’ bedsides, reviewing the medication that they are prescribed. This starts with the medicines the patient has been taking before they were admitted to hospital to see if any of the medications may have contributed to, or caused the admission. Depending on where you look, medications contribute to between 5 and 15% of all hospital admissions. So, identifying side effects and toxicities of medications is the first thing the clinical pharmacist looks out for when a patient is admitted to hospital.

Following this the Clinical Pharmacist will look at the medications the patient has been taking and decide whether the dosage needs to be changed, for example because of a irregularity in kidney or liver function, or indeed if the medicine needs to be omitted whilst the patient is acutely unwell. Thirdly, the Clinical Pharmacist has to ensure any medicines that are needed are continued appropriately. Fourthly, the Clinical Pharmacist will make sure any new medicines that are needed by the patient for their acute illness are started at the appropriate doses and times; making sure there are no new interactions between regular and new medications, and therapy is individualised for each unique patient.

The whole process involves a great deal of interaction with patients, medical staff and nursing staff, giving you the opportunity to build-up a lot of first hand experience of the effects of drugs, as well as empowering you with a knowledge of what kind of information patients, doctors and nurses require in order that the medication process provided to a patient is safe and effective. As a Clinical Pharmacist you are a source of information about all aspects of the medication process and spend a lot of your day dispensing advice to patients and staff.”

Having qualified as a Clinical Pharmacist Anthony then undertook a further postgraduate qualification at Liverpool, whilst at the same time working as a resident Pharmacist, a post that involved living in the hospital and being on-call for 24 hours as part of a rota, Anthony added: “In a large teaching hospital with many different specialities the learning curve is very steep and very tiring! But I gained huge experience in the three years I spent there and count myself lucky – in retrospect – for all that it taught me.

Throughout my career I gained experience in just about every hospital clinical speciality and was fortunate enough to qualify just in time for the last few years of the large, all singing, all dancing, self sufficient pharmacy departments which just don’t exist any more.

These departments would have their own manufacturing units making sterile intravenous fluids to eye drops with everything in between. They would by necessity have their own quality control units to ensure the safety of the in-house manufacturing units, aseptic dispensing services making up bespoke intravenous medications such as antibiotics, chemotherapy and nutrition. Nowadays these types of services exist only in remnant form as the majority of medicines can now be bought off the shelf from industry, or the capacity of the aseptic dispensing service is often oversubscribed.

Anthony also spent 7 years in York District Hospital, a larger than average DGH, where he worked mainly in medical specialties such as acute admissions, gastroenterology, neurology, psychiatry, cardiology and renal. During his time there he was also required to provide cross cover for specialities such as intensive care, surgery and paediatric wards.

It was whilst at York, where Anthony spent a great deal of time teaching patients, inexperienced pharmacists, doctors and nurses about all aspects of medication therapy, that he realised his potential as a teacher. In order to gain the necessary academic qualifications as a teacher, Anthony undertake a Masters of Education in Medical Teaching course at the University of Leeds.

Anthony added: “I later enrolled on a course at the University of Chester in Non-Medical Prescribing, whereby pharmacists and nurses were initially permitted to prescribe within a limited framework. It was very much a case of gamekeeper turned poacher for me, which was a little weird!”

One of the most overlooked steps in the medication process in my opinion is the monitoring of treatments.

This means looking to see if the drug is having the effect that is intended, looking for signs of toxicity, side effects, checking that there are no interactions with new treatments and so on.

A sign of the high regard in which Anthony’s expertise is held within the industry is highlighted by the fact he was recently invited to join the national expert panel of the Critical Care Group of the United Kingdom Clinical Pharmacy Association.

Starting new treatments in patients on other established therapies can lead to exaggerated effects of either drugs and again can lead to claims being brought. Patients being given the wrong medication than the one that is intended is a common theme, as is developing side effects that are not recognised as being linked to their prescribed medication. Giving doses that are not appropriate for the patient is another theme. This can happen with some drugs that are fine to take when the patient is relatively well, but this can change if there is a change in kidney or liver function during an acute illness. This can be quite a common problem.

Why become an Expert Witness? One of my consultant colleagues is an expert witness and it was chatting extensively to him that got me interested in the field.

One of the main reasons I started to get involved with the Expert Witness pathway was having experience of patients admitted to hospital as a consequence of their drug therapy. This may have been serious side effects, or drugs that were problematic in certain patient populations, or interactions with drugs that had been started on top of their usual medications.

As an Expert Witness Anthony has written a great many reports and although he has not, to date, had occasion to attend Court, he is fully conversant with the formalities required of an Expert Witness giving evidence in Court.

Anthony went on to tell us: “The information below will give you a flavour of some of the work that I have been approached about and involved with in my capacity as an Expert Witness.

The most dangerous drugs that are commonly involved in medication misadventure are insulin, heparin (and other drugs that are used to thin the blood), morphine like drugs, intravenous drugs and drugs that have a so called narrow therapeutic index (these are drugs which have little treatment effect when given in too low a dose, and have a serious toxic effect when given in too high a dose) . Errors in prescribing, dispensing, administration and monitoring of these drugs can lead to serious injury.

Issues with replacing some salts intravenously like potassium and magnesium by giving too much and causing patient harm do occur fairly regularly. Penicillin allergy is a source of difficulty, but perhaps not in the way most people would expect. The biggest problem that can occur in penicillin allergic patients is not that they have been given penicillin when they shouldn’t have, but they have been given inadequate replacements that are not effective against the bugs they are supposed to be treating. This can have devastating results for patients.”

FOR MORE INFORMATION PLEASE CONTACT: ANTHONY MARK DUNNE T: 07974 689 599 E: anthonymarkdunne@gmail.com

DR. DAWN BAILHAM

MSc Forensic Psychology, DClinpsych (Doctorate in Clinical Psychology), BSc (Hons) Psychology, AFBPS, CAT Practitioner

Dr. Dawn Bailham is able to draw on her background in forensic mental health, in which she has assessed and treated adults and children, together with her extensive academic training, to provide a highly professional, independent service as a Consultant Clinical Psychologist & Expert Witness.

A trained DBT therapist and qualified Cognitive Analytical Therapist (CAT Practitioner), Dr. Bailham has been a qualified Clinical Psychologist now for 14 years, working in a variety of settings dealing with people with complex mental health needs, as Dr. Bailham outlined in a recent interview:

Offering her services as an Expert Witness for both the prosecution and defence, as a single or joint Expert, Dr. Bailham has attended court on numerous occasions to give expert evidence for cases relating to Family Law and more recently Criminal Law. Her key areas of interest are the development of personality disorders, post traumatic stress disorder, juvenile sex offending and applications of Cognitive Analytical Therapy (CAT).

“More recently I have been instructed by Local Authorities in pre-care proceeding cases to give my opinion in Child and Family cases particularly where there are child protection concerns,” Dr. Bailham told us, “The value of this as an Expert has been to guide Local Authorities in terms of appropriate psychological interventions for parents to sometimes prevent care proceedings, as well as provide a psychological understanding of why issues within families have developed. This can assist professionals in understanding parenting concerns, their communication with parents, and to be more empathic about how parenting difficulties have arisen.

In criminal cases as an Expert Witness I have been asked to give an opinion at the early stages of a case as to whether a perpetrator or victim has the capacity to instruct a solicitor, which has been helpful to inform the Courts especially with vulnerable adults who come into contact with the Criminal Justice Services.”

As you would expect of such a consummate professional, Dr. Bailham is an Associate Fellow of the British Psychological Society (BPS), a Practitioner Psychologist with the Health & Care Professions Council (HCPC), as well as being a Member of the National Organisation for Treatment of Sexual Abusers (NOTA).

“My experience of working in the NHS within Child and Adolescent Mental Health Services (CAMHS), in Looked after Children’s Services, and adult Forensic Mental Health Inpatient Services has given me great insight in mental health issues. The insight and knowledge I have gained I have applied to Child and Family Law cases to gain an understanding of how they impact on parenting capacity, child development, and the emotional wellbeing of children.

Working in Forensic Mental Health has given me great insight into mental health issues within a legal framework, and how they contribute to offending in Criminal Law cases. I feel an important aspect of my role in Expert Witness cases has been sharing psychological formulations to inform the Court, and to assist the Court in making sense of issues regarding parenting, child protection, and the future risk of offending, or victimisation of vulnerable adults and children.

In my present post I work with younger adult males with mental health and offending backgrounds. My role involves management, assessment and intervention to address clinical needs e.g. Cognitive Behavioural Therapy, Dialectical Behavior Therapy and Cognitive Analytical Therapy. I also have experience of developing and managing the running of a sex offender treatment programme. Prior to my role working in the forensic inpatient service I worked in an NHS community Child Adolescent and Mental Health Service (CAMHS) delivering DBT to adolescents with histories of self-harm, attempted suicide, and emerging personality disorders, some of which also had offending histories and were known to the Youth Offending Service.

A sign of Dr. Bailham’s commitment to further develop her knowledge-base is evident in that she has also obtained the Cardiff University Bond Solon certificate in Criminal Law.

Below you will find typical examples of the types of cases undertaken

by Dr. Bailham in her capacity as an Expert Witness: I have been instructed on a number of cases where domestic violence has been an issue in the family, and I have been asked my opinion on a parents‘ insight into these risks, their ability to protect their children, and the psychological impact on children. In terms of Child and Family Law I am often asked to assess parents where there may be personality difficulties, mental health problems, and/or substance misuse issues. More recently I have been asked to assess parents insight and ability to protect their children from adults with a sex offending history, this could be a parent with a history of this type of offence, or parents who associate with adults with this history.

I am often asked to assess children where the child has a history of sexually harmful behaviour, or young people who come into contact with the Criminal Justice Services for other offences.

With Criminal Law cases I am often instructed to assess vulnerable adults, or children who have been victims of crime; to assess the psychological impact on them, and their ability to instruct a solicitor. At other times I have been instructed to assess young people who come into contact with the Criminal Justice Services in terms of their mental health functioning, the presence of learning disabilities, and capacity to instruct and understand Court proceedings.

Consultant Clinical Psychologist & Expert Witness

Mobile Tel: 07801 266 010 / Email: dawnbailhan@icloud.com

XPC Services, Dr. Graham Mould Pharmaceutical & Toxicology Expert Witness

XPC Services provide expert witness advice and written reports for prosecuting and defence counsels on drug related criminal and similar cases. Clients include the Crown Prosecution Service (CPS), Police Authorities and many private solicitors.

With over 40 years experience in the pharmaceutical industry, academia and the NHS, XPC Services expert Dr. Graham Mould holds extensive and broad knowledge in the action of drugs on the body and how the body responds when drugs are taken. His area of expertise include clinical pharmacy, clinical pharmacology and toxicology. Dr. Mould is also ideally placed to advise on drug therapy.

Previously based at the Royal Surrey County Hospital, Guildford, Dr. Mould has been heavily involved in the close clinical monitoring of patients who were receiving potent drugs, as well as observing the action of drugs in healthy volunteers and in patients. Over the last five years, Dr. Mould's skills have developed in report writing and assessing the action of drugs in criminal cases where the action of drugs might have been responsible.

The role of the Expert Witness is to assist the Court on specialist or technical matters within their expertise. Dr. Mould is able to provide an unbiased opinion to the facts presented. His reports are clear and portrayed in numbered paragraphs for ease of reference. Written in detail using the latest research, reports are generally written within two to three weeks following an instruction and can be modified in the light of new evidence.

Welcome to XPC Services Providing expert advice on all things pharmaceutical

Dr. Mould has appeared as an Expert Witness in Magistrates and Crown Court on a number of occasions.

He has been instructed to formulate reports centred around cases: • • • • • • •

involving the administration and effect of prescription and over-the-counter medicines in the young and elderly. driving under the influence of drugs and/or alcohol. drug assisted sexual or criminal assault. the use of illicit drugs. errors in dispensing of prescribed medicines. interpretation of toxicology reports relating to drug concentrations. assessing results of overdose situations.

Recent cases have included:

•

Prescription drugs and alcohol and the effects of depression and violence in terms of wounding with intent.

•

Drug involved in sexual assaults through the spiking of drinks in bars and club.

The volume of cases of this nature seems to have increased in the last twelve months due to the number of drugs and other substances that are now available.

•

The use of dinitrophenol as a slimming agent or to build muscle mass. This compound which is largely purchased online requires the user to ingest a potent and toxic compound and individuals have died as a result of taking it.

T: 01483 685 785 W: www.xpertwitness.co.uk

T.J. CHARTERED SURVEYORS An Expert Witness is one who can demonstrate real knowledge, experience and wisdom on the point in question. In line with this philosophy, the Professional Surveyor is respected and held in high esteem within the community. Proficient in measurement and computations, a Chartered Surveyor who provides his services as an Expert Witness will have proven the ability to comply with inexact laws, in addition to exact sciences. Thereby making the Expert Witness Chartered Surveyor an important part of the team in dispute cases surrounding property, planning and boundaries.

For the court to be satisfied of the their competency, the Expert Witness Chartered Surveyor must not only be able to speak with authority and create precise, accurate easy- to-understand reports, but they should also have achieved qualifications giving them the right to have the letters MRICS or FRICS after his or her name. These qualifications will also classify the Expert to become a Member or a Fellow of the RICS (Royal Institution of Chartered Surveyors).

Founder of T.J. Chartered Surveyors, Terry Gregson FRICS FFBE MEWI - ticks all the right boxes for those looking for a Chartered Surveyor who possesses all of the requisite qualifications and expertise to provide precise, accurate and sound judgement acting as an Expert Witness in cases involving disputes regarding property, planning and boundaries.

Services provided by the company include: • • • • • • • • •

Buildings, Boundaries and Planning Valuations; Surveys; Party Wall Awards; Rent Reviews / Lease Renewals; Rating; Design and Management, & offering his services as an Expert Witness & Mediator.

Terry is able to draw on over 40 years experience at his former practice, where he undertook the post of principal partner. Since Terry founded T.J. Chartered Surveyors he has never looked back; with the company today boasting an impressive client-base of satisfied customers throughout Essex and East Anglia and London and adjacent Home Counties.

A sole Consultant at T.J. Chartered Surveyors, Terry now principally provides building surveys for buyers of residential and commercial properties, as well as giving planning and development guidance, as he outlined in a recent interview: “I concentrate on advising purchasers of residential and commercial properties and my 'specialism' is period and listed buildings.”

The company’s commitment to provide a truly customer-orientated service is highlighted by the fact that T.J. Chartered Surveyors offer a free, no obligation initial consultation from which the company’s dedicated team can determine the type of notice required and the likely cost implications. It should be noted that the Building Owner proposing to carry out the works would normally pay the fees.

To find out more Please contact:

Terry Gregson T.J. CHARTERED SURVEYORS 60 Western Road Billericay Essex CM12 9DT TEL: 01277 623 397 MOBILE: 07860345682

JONATHAN SPENCER CONSULTANTS LTD

When dealing with Imagery cases involving video or photographic material Such as CCTV, portable video recordings (camcorder, helicopter), passport/driving licence photographs or other imagery, Jonathan provides a Facial Mapping service. He is able to

Since its inception in 2003, Jonathan Spencer Consultants Ltd, has built-up an enviable

make facial comparisons to determine whether the images are of the same the person. He

reputation as a highly respected firm providing Expert Witness services for cases

also offers the same service for vehicles, number plates, weapons, firearms, clothing and

involving firearms and video and other imagery. Jonathan has over 40 years firearms

other objects. If the imagery cannot prove identity, it may well be possible to determine the

experience plus 20+ years as an Image Analyst and provides a highly professional

suspect’s height or the vehicle’s speed or distance covered.

independent service as an Expert Witness.

In dealing with cases involving firearms Jonathan is able to provide the following services: •

Examination of firearms, component parts and ammunition for classification under the

Firearms Act 1968 (including antique and deactivated firearms, air guns, stun guns, antipersonnel chemical sprays) •

Below are exemplar cases undertaken by Jonathan: •

Facial mapping using photographic comparisons: the Daily Mirror fake “Iraqi POW

abuse” case; pattern comparison of a camouflaged shirt seized from a soldier suspect was demonstrated to be the same item as in the Daily Mirror photograph; the freckle patterns on the right arm and neck of the soldier in the Daily Mirror photograph were shown to be a match to those of the soldier suspect; finally, the damage and rust patterns on the army lorry in the Daily Mirror photograph were shown to match those on an army lorry in Lancashire

Function and test firing of firearms to determine their capabilities, whether prone to

accidental discharge, their ballistics, shooting distances, trajectories etc

•

•

Examination of crime scenes, gunshot damage, blood stain patterns, clothing, gunshot

from four passports spanning twenty years or more were compared to various arrest

wounds and autopsy findings, either in person of from photographs, as part of a shooting

photographs of the suspect; comparison of the proportions and morphology demonstrated

incident reconstruction service •

Microscopic comparison of bullets and cartridge cases to determine whether they were

fired in the same gun and the type of gun involved •

Interpretation of gunshot residue findings within the context of the case

Facial mapping using photographic comparisons: immigration case. Portrait photographs

a very high correlation between all five images; the resolution of the passport and control photographs was sufficient to record various skin creases, pock marks (acne scars), and small moles; the correlation of more than 30 of these fine-grained features was demonstrated.

Some testimonials for Jonathon Spencer "... we are particularly impressed by the clarity of Mr Spencer's statement and for the extremely helpful closing comments."

Cartmell Shepherd "[we thank Mr Spencer for the] help and assistance in this matter and his extremely informative report and telephone comments.

Clifford, Johnston & Co

•

It

is

not

unusual

for

microscopic

comparisons of fired bullets or cartridge cases to prove that a particular firearm has been used in multiple shootings. However, a triple murder shooting in a flat in London was slightly different.

Fired brass cartridge cases from a pistol were left at the scene. The cases had score marks

"The Crown opted not to proceed with the charge ... your report

(long scratches) on the sides, made by the steel

was a very significant factor in enabling them to reach this

magazine in which they had been loaded. (The

decision."

Louis Berkson & Globe

magazine fits inside the pistol’s handle and stores the ammunition.) A live unfired cartridge

"This is the fourth successive case this year in which the Crown

was found at an address connected to a suspect.

has dropped proceedings upon receipt of your report."

That cartridge also bore ‘magazine marks’, and

Howells

a microscopic comparison showed it had been in

"Your report was very helpful and I am delighted to say that the

the same magazine as used in the triple murder,

very clear pictures you sent us contributed in no small part to

though it was not possible to say when the live

out client's acquittal."

Andrew Jay & Co

cartridge had been in the magazine.

"Thank you for your assistance in this matter which was most

•

helpful in guiding us through a very complex area which would

of shooting a man dead in a nightclub. The

have meant little to our legal team without your assistance."

Michael E Hanhaoe

In 2014, a defendant was accused

defendant claimed he was a victim as he had a gunshot wound to the thigh. Examination of the entry and exit wounds provided the origin and

The Court of appeal found Mr Spencer to be "... a most

direction of shot, which was steeply downward, medial to lateral. These factors conflicted with

careful and impressive witness ..."

the defendant’s account. An examination of his trousers, involving a chemical presumptive

R v Paul Cleeland [2002] ECWA Crim 293

test, revealed copious quantities of gunshot residues on the internal surfaces and minimal on the outside: the wound and GSR evidence was consistent with him having shot himself in the

•

Facial mapping and incident analysis: in four unrelated cases during 2015, proceedings

were dropped after the CPS saw our reports; in one case, a woman had alleged that a

thigh as he shoved a pistol into his waistband rather than being shot by someone standing in front of him.

man stepped out of a phone box, followed her and attempted to rob her whereas careful scrutiny of the poor quality video revealed the complainant and defendant had walked in opposite directions; in the second case, the defendant was accused of starting a pub fight; enhancement of the CCTV video footage revealed that the defendant had acted in selfdefence after being attacked; in the third case, the defendant was accused of involvement in a pub brawl; once again careful frame-by-frame scrutiny of the incident revealed that the defendant had got caught up in an incident in which he was not involved; in the fourth case, the video footage was of such low resolution that the identity of the suspect could not be determined and a statement to that effect resulted in the CPS withdrawing the video as

It comes as no surprise to learn that Jonathan holds Membership to a number of leading Societies including the Chartered Society of Forensic Sciences; Association for Crime Scene Reconstruction; International Association of Blood Stain Interpreters; Law Enforcement and Emergency Services Video Association and Forensic Imagery Analysis Group (UK).

A sign of the high esteem in which Jonathan is held within the industry is evident in the fact that he was for some years a Visiting Lecturer at a prestigious Military College of Science, as well as having given talks at well-known public schools.

evidence – despite a police “super recogniser” claiming he could tell who it was.

•

In a shooting case, gunshot residue (GSR) of Type A had been found on a defendant’s

clothing and he was prosecuted on the basis of involvement in the actual shooting. However, no GSR analysis had been undertaken on the fired cartridge cases found at the scene. The case was already at trial. Mr Spencer drew the omission to the attention of the defence team and the Judge order the analysis be undertaken. The cartridge cases from the scene contained GSR of Type B, so the Type A GSR on the defendant’s clothing did not originate from that shooting. Proceedings against him were dropped.

JONATHAN SPENCER CONSULTANTS LTD Tel: 01642 677174 Email: office@jonathan-spencer.co.uk Website: www.jonathan-spencer.co.uk

The Seminar will also deal with the following issues:

Report Writing:

Tel: 0161 793 0984 Fax: 0161 728 8139 Email: information@mblseminars.com Website: www.mblseminars.com WHILST many cases undertaken by Expert Witnesses may be resolved without the need to attend Court, there are, nevertheless, occasions when it is necessary for the Expert Witness to give evidence in Court whether to a Magistrate, Judge or Jury, to assist the Court in reaching a decision. No matter what area you specialise in, as an Expert Witness it essential that you are fully conversant with the etiquette and formalities that will be expected of you should the need arise for you to give evidence in Court.

Acknowledged as one of the leading providers of Continuing Professional Development (CPD) in the country, MBL Seminars Ltd has provided training and professional development to tens of thousands of lawyers and other professionals for over a decade. Holding around 3,000 CPD seminars across the UK every year in major cities including London, Manchester, Leeds, Bristol, Birmingham and Cambridge, MBL is committed to working with industry experts and experienced presenters who demonstrate the highest levels of specialism and expertise covering an expansive range of topics across all legal practice areas. As well as providing quality seminars for Expert Witnesses, the company also provides seminars for a range of other professionals including Accountants, Tax professionals, Company Secretaries and Surveyors to name but a few.

For over 10 years MBL have been delivering the latest updates and practical know-how training in compliance, law and tax and are firmly established as a leading learning & development provider for professional services firms. With over 90+ years of collective professional development experience, MBL have provided training to over 80,000 lawyers and other professionals to date.

MBL said that: “We train the legal experts themselves - so we are perfectly placed to teach Expert Witnesses all they need to know to excel in the courtroom and when writing legal reports. Having been trusted to provide the training to some of the largest and smallest organisations in the UK, we feel serves as a seal of approval to those considering attending one of our seminars.”

MBL’s seminar on Report Writing and Court Room Skills for Expert Witnesses, available nationwide, will not only help you to make your reports as ‘bullet proof’ as possible from cross examination and criticism by the Judge, by enabling you to create concise, easy-to-read reports, but also give you the opportunity to familiarise yourself with giving evidence. You can even volunteer to be cross-examined by a senior QC!

• • • • • • • • • • • • •

What is the purpose of the Expert's Report?

The Ikarian Reefer Rules What can and what cannot be included or referred to in the Report - Expert or Investigator?

Clarity and simplicity of language - avoid the jargon Glossary - or not?

"I say what I mean is the same as I mean what I say" (Alice in Wonderland) - make sure that is what you do Who makes the decision? Don't usurp the function of the Tribunal What should go in the Appendices Your CV - Do's and Don'ts References to literature Straying outside your expertise Supplemental reports The role of the legal team

Courtroom Skills: • • • • • • • • • • • • • • •

Preparation for the Witness Box What can you take with you?

Taking the Oath or Affirming Correcting your report Addressing the judge Mannerisms The Golden Rules of giving evidence including: Speaking up and speaking out Short answers Use of the documents Answering the question Looking for traps What the cross-examiner will try to do Expert or Advocate?

Use of emotive language

Delegates attending are invited to produce a redacted report and a copy of their expert CV for consideration on the day.

After attending this Seminar you will be provided with a CPD certificate confirming your attendance. MBL will also maintain a record of all training you have booked with the Company should you be required to evidence your CPD activity by your professional body.

Below is just a sample of the many commendations MBL has received from satisfied clients on their Report Writing and Court Room Skills course: “Very good presenter. Wealth of relevant experience that crossed very many professional disciplines” “Excellent delivery of material, nicely paced and kept the participants relaxed. Excellent sense of humour.”

“Kept everyone on their toes, witty, engaging and informative. Thank you for a helpful and worthwhile CPD experience!”

To book please visit our website at www.mblseminars.com, or alternatively you can contact Lorraine McKeown at MBL Seminars.

Email: lorraine@mblseminars.com or telephone 0161 793 0984 quoting reference FEWM.

Bernard J. B. Kat

BA, MSc, DipClinPsychol, CPsychol, FBPsS PROVIDING PSYCHOLOGY, PSYCHOTHERAPY & EXPERT WITNESS SERVICES

EVIDENCE

Registered as both a Health and Clinical Psychologist, Bernard Kat worked as a clinician and manager in the NHS for 28 years. In 2005 he formed his own company Psynapse (Psychological Services) Limited based in Newcastle upon Tyne.

He provides services as a Psychologist, a cognitive behavioural psychotherapist and as an Expert Witness throughout what he calls “the true North of England” i.e. from Northumberland down to Teesside in the East, across to Cumbria in the West.

Report Writing and Court Room Skills for Expert Witnesses • Make your reports bullet proof to cross-examination and criticism from the Judge • Write easy to read reports and familiarise yourself with giving evidence • Practice being cross-examined by a senior QC To book contact lorraine@mblseminars.com and quote FEWM Tel: 0161 793 0984 MBL Seminars Limited, The Mill House, 6 Worsley Road, Worsley, Manchester, M28 2NL

Dates Nationwide London: 16 March Birmingham: 7 April Leeds: 12 April Bristol: 10 May Manchester: 18 May Cambridge: 23 May

A Cardiff University / Bond Solon certificated Expert Witness, Bernard is able to draw on the extensive 7 year training undergone by all clinical psychologists which includes the study of normal human development and functioning as well as specialist knowledge concerning mental health, disabilities and the problems of children and young people.

Bernard told us: “The philosphy component of my undergraduate degree has been particularly useful and taught me how to approach and write about complex problems. The psychology component emphasised the scientific and statistical skills on which my work is still based.”

As an NHS clinician Bernard specialised in work with general practitioners and community teams. This wide experience enables him to offer a rounded service as an Expert Witness.

He explained: “Throughout my career, in both my clinical and managerial responsibilities I was responsible for psychological services for clients of all ages and disorders.

My own cases were mainly working age adults. Many of my patients suffered from psychological disorders resulting from traumatic events and experiences. I was also involved with psychological aspects of primary health care, general medical services, acquired brain damage services, systemic approaches to relationship and organisational problems, as well as public health psychology.”

Bernard has seen many changes in Expert Witness work since 2005 owing to Government policies concerning funding: “I used to be instructed in criminal, family, personal injury and clinical negligence cases and I had Court experience in all of them. At present my Expert Witness work is primarily reports for the Court in criminal cases, initiated by the Defence. However Expert Witnesses do not act for either side. Psychologists’ reports are addressed to the Court and will very likely say the same whomever commissioned the report in the first place, so my reports are often accepted by the Prosecution and there is no need for me to attend Court. But I am fully aware of the formalities required when attending Court, which I do perhaps a couple of times a year on average.”

FOR MORE INFORMATION PLEASE CONTACT: Bernard Kat Psynapse (Psychological Services) Ltd Churchill House, 12 Mosley Street Newcastle upon Tyne NE1 1DE Tel: 0191 230 6461 Email: b.kat@psynapse.co.uk Website: www.psynapse.co.uk

www.ipcdogservices.co.uk

Telephone 07795 566225 The use of experts in the area of canine behaviour has grown rapidly in the last ten years, at the same time our understanding of dogs has changed fairly fundamentally. Dog behaviour and training has moved from an art to very much being science based and therefore open to forensic analysis.

An expert that has a mix of both practical experience in the field, and an up to date understanding

The prosecution expert has access to the dog almost

of the current science, is an invaluable asset to both

immediately and is allowed to go to where the dog is

the client, and often the Court in providing solutions

being housed. The prosecution expert does not see

that may not require euthanasia.

the owner (or person being prosecuted) of the dog,

An

independent

predominately

for

the

expert

tends

defence,

to

because

work

defence solicitors would usually wish to restrict access

Police

to them to ‘interview’ and as such the prosecution expert cannot fully assess home circumstances.

service budget constraints limit spending additional funds on external experts. The CPS therefore tends in the first instance to rely upon case law for liability

The defence appointed expert has limited access to

and victim personal statements when persuading a

the dog, sometimes it is at the holding kennels, but

Court whether to destroy a dog.

often the dog is ‘produced’ at a remote location, again this can be stressful for the dog. Only occasionally is

This is a specialist area, but one where almost

it left at home without seizure.

everyone, has their own views. Owning a dog for ten years does not make you any more expert in dog

Whilst privately funded clients can instruct an expert

behaviour than owning a car makes you a mechanic,

within hours of seizure and the dog can often be

The defence expert does have an advantage, they

and commonly held misbeliefs require an expert

seen in a very short time scale. Where they are

can carry out a ‘home visit’, this is extremely valuable

experienced in giving evidence to overcome some

legally aided however the time scale is completely

in answering the ancillary questions often asked by

preconceptions.

different, and it can now take weeks or months from

the Court. It allows the expert to paint a picture of

Dog matters bring their own and sometimes

seizure to the granting of funding from the LAA. It

the client as a dog owner and can greatly assist the

different difficulties for experts instructed by defence

is not uncommon to see a dog six months or more

court.

or prosecution. Because they are dealing with the

after an incident.

The last area has to do with recommendations as

behaviour of a dog at a particular time and place obviously it would seem ideal to get to the dog as

Defence

experts

to what should happen to the dog following a guilty

soon as possible after that incident.

also have differing access to those who may

plea or verdict. The Court has the power to order

factors

have valuable information about the dog. This

destruction or impose conditions under a Contingent

particularly when a dog has been seized following

is particularly important following the legislative

Destruction order (CDO).

a bite. The seizure experience can have an effect

amendments made in 2014.

However

there

are

confounding

and

prosecution

instructed

This means that the Court often asks what controls

on the dog’s behaviour, the family can be distressed and the situation is often highly charged. The dog is

The test as to whether a dog is ordered to be

can be put in place and it is vital that the expert

then placed in a kennel environment, that this can

destroyed or have conditions placed upon it is ‘would

can give competent canine behavioural advice for

also cause stress in the dog. In these cases it may

constitute a danger to public safety’ in deciding this

measures following the Court appearance. They

be better for the dog to ‘settle down’ for a few days

a Court must also consider ‘the temperament of the

must understand not only what physical measures

before the examination takes place.

dog and its past behaviour’.

can be ordered but also what behaviour modification plans can be used.

The imposition of physical measures such as leash and muzzling orders can and will keep the public safe and this is the primary object for the Court, but often on their own they are completely inappropriate and without a properly constructed plan may actually make matters worse.

In my experience the Courts like to have solutions, and in about 95% of cases when they are properly laid out and explained in the expert report, will follow them.

In a recent interview Frazer K.E. Imrie - B.Sc (1st Class Hons), founder and Principal of Imrie Consulting, outlined the qualities that he felt were required in order for an Expert Witness to be of value to legal disputants: “An Expert Witness should be able to draw on his or her academic training, which should have led to them achieving a qualification at degree level in the relevant subject(s), as well as having significant experience over a long period of time in their particular area of expertise.

Those looking to act as an Expert Witness should also have gained sufficient knowledge of commercial matters that are pertinent to the sale and purchase of the relevant goods.

Aside from the above, an Expert Witness must also be articulate in being able to write down his professional opinions in a clear, precise Report, enabling those who are not qualified in this area to understand the Expert’s findings.

Likewise, should an Expert Witness be required to attend Court, they should have the ability to give oral evidence concisely and clearly at a legal hearing.”

The above qualities are exactly what you can expect should you seek the support of an Expert Witness from Imrie Consulting, a forward-thinking company backed by a highly trained team and modern support services.

An independent consultancy, Imrie Consultants provides consultation services in the following fields:

Agriculture:

Farm crops, horticulture, post-harvest spoilage and losses, crop storage and transportation.

Food:

Transportation and storage of all types of foods, both prepared and ingredients. Temperature controlled storage; Frozen foods; Fruit & vegetables; Meat; Fish; Sugar; Cereals and Molasses.

Market Studies:

European and UK food markets. Structure and value of wholesale and retail markets.

A Chartered Biologist, Frazer is a Fellow of the Royal Society of Biology and a Fellow of the Institute of Food Science & Technology.

Having provided his services as an Expert Witness for the past 15 years; giving both oral and written evidence in courts and arbitrations within the UK and overseas, his networking expertise comes into play as a director of CWA Inernational Consultants Ltd. In a recent interview Frazer gave us an insight into the type of cases he has undertaken as an Expert Witness: “There are several different forms of dispute resolution, which could be settle via Mediation, Arbitration or Trial. Each of these is expensive so most disputants try to reach amicable agreement prior to such hearings. Expert witnesses take part in these negotiations as advisors to their client. If the matter is to go to arbitration/trial then the expert witness’ responsibility is to the court and not the client. It is usual for there to be an expert witness for both disputants in either arbitration or trial.

Due to expense, disputes today tend not to go to court or arbitration. Even so I have appeared regularly about three times a year. As an expert you appear for whoever instructs you, which may be the plaintiff or the respondent. I have appeared also as a joint and single expert.”

When asked if he felt it was important to instruct an Expert Witness at the beginning of an investigation/ legal case, as opposed to asking for an opinion at a later stage of the proceedings, Frazer told us: “In theory it is better to instruct an expert witness at the very beginning of an incident. However usually the disputants do not know then what type of claim is to be made. Once a claim has been made and everyone knows the basis for the claim, then an expert should be instructed. Some cases involve the expert actually attending the incident, in which case the same person is usually instructed.”

FOR MORE INFORMATION PLEASE CONTACT: Frazer K.E. Imrie 44 Alexandra Road Reading, Berks RG1 5PF Tel: 0118 926 1454 M: 07802 226036 E: frazer@imrieconsulting.co.uk W: www.imrieconsulting.co.uk

Optimum MedicoLegal has achieved an impressive reputation as specialists in providing rapid turnaround times for Psychiatric Medicolegal Reports. Based on the renowned St John Street, Manchester, Optimum MedicoLegal employs an extensive panel of Experts covering Manchester, Greater Manchester, and Cheshire.

So, what gives this forward-thinking Company the edge over its’ competitors? Optimum MedicoLegal’s dedicated panel will typically be able to turnaround Psychiatric Medicolegal Reports within 2 weeks after instruction; with its Manchester-based Experts being able to complete reports locally within as little as 7 working days following instruction. Whilst, for an extra charge, the Company’s ‘Express Reports’ service can provide psychiatric Medicolegal Reports within an even shorter time period than this.

Optimum MedicoLegal provides Psychiatric Reports for the following:

• • • • • • •

Pre-sentencing reports Personality disorders / Psychoses Criminal Responsibility and Fitness to Plead Risk assessments Suggestibility and false confessions Sexual / Violent crime Pre-sentencing and Probation reports

The Company’s CEO Dr. Mahmood added: “We welcome all clients whether legal or privately instructed and will always do our best to find the right expert for your particular circumstances. Our panel of experts span all psychiatric disciplines, and cover Manchester, Birmingham, the North West and Midlands of the UK. Key to the Company’s year-on year success is our philosophy to take ‘quality control’ very seriously, as well as our ability to provide a very quick turnaround period once we have accepted instructions.”

Committed to providing the highest levels of quality, efficiency, and reliability in the medicolegal field, Optimum MedicoLegal is able to draw on the skill and expertise of a dedicated group of reputable and experienced Consultant Psychiatrists, all of whom will deliver a premium service. The Company’s CEO Dr. Mahmood added: “In order to offer our clients the best possible service we are always looking for qualified psychiatrists to join our expert panel.

If you feel you have the right qualities and would be interested in joining our team, please use the contact details at the end of this article to gain more information.”

In criminal proceedings Optimum MedicoLegal’s reports have as a general rule been commissioned by the defence, the prosecution, and by the Court itself. The Company has completed reports for defendants, complainants, and for convicted prisoners in relation to parole or release on license.

Trial cases may include issues of diminished responsibility, insanity, automatism, loss of control, duress and coercion. Whilst pre-trial and preliminary issues may include bail, fitness to be interviewed, fitness to plead and stand trial, and vulnerability of defendants Specialising in Criminal cases, “Our team of Experts prepare several hundred reports a year,” Dr. Mahmood told us, “As well as having extensive Court experience and the requisite training to meet the requirements when giving evidence in Court.”

Therefore, it comes as no surprise to learn that Optimum Medicolegal is fast becoming the No.1 choice for discerning clients looking for high quality, unbiased, accurate Medico Legal Reports they will receive within a short time scale.

For further information please fill in the contact form on website www.optimummedicolegal.com and a member of the Company’s dedicated team will get back to you as soon as possible.

E: info@optimummedicolegal.com T: 0161 207 0204 W: ww.optimummedicolegal.com

Associates Ltd Rob Newton Associates Ltd has achieved an impressive reputation for providing a highly efficient Expert Witness Service when instructed on all types of Accidents; Road Traffic Collisions, Personal Injury Cases and Health & Safety Investigations.

Able to draw on over 28years practical experience of investigating vehicle crashes for research and litigation, founder of the company Rob Newton has studied all aspects of road traffic collisions, taking into account scene evaluation, vehicle movement, crash-worthiness, crush dynamics, severity assessment, secondary safety performance, intrusion measurement, occupant vehicle interaction, crash trauma, seatbelt examination, occupant injury assessment.

FORENSIC BIOMECHANICS

Systematic examination of a vehicle interior can reveal much about what occurred during the final few milliseconds of a crash. With in-depth knowledge of what happens in most common instances it enables the investigator to predict injury outcomes. Thorough assessment of vehicle to occupant interaction will enable assessment of seatbelt use, probable seat position for occupants and much more.

Rob believes it is imperative that a competent crash investigation should be completed as soon as possible so that useful data is not lost over time.

The police, although they often do a good job, only collect information necessary to the police enquiry and often miss important data for a thorough reconstruction.

This gives Rob the necessary credentials to provide an independent, unbiased opinion on all aspects of collision and personal injury cases; with specialisation in vehicle occupant kinematics, forensic biomechanics and seatbelt witness marks

SEATBELT WITNESS MARKS

Available to act on behalf of individual clients as a Single or Joint expert, Rob is able to provide desktop reports, as well as full in-depth investigations of scenes, vehicles and casualties.

Much of the research and expert consultancy has utilised Rob’s experience in the investigation of secondary safety features such as seatbelts and airbags. Seatbelts are now an integral part of the vehicle’s safety system and systematic research has demonstrated what happens when car occupants have collisions with and without wearing them. In the majority of cases it can be determined if an occupant was wearing their seat belt correctly or not. It can also be accurately predicted, for a given collision scenario, the expected injury pattern for belted and unbelted passengers.

CRASH RESEACH

Acting as an Expert Witness Rob can conduct multidisciplinary crash research that enables the whole picture to be seen, revealing how the various elements of a crash fit together; the vehicle movement and damage, the structures and devices of the vehicle and the occupant movement and injury. In a recent interview Rob explained: “It is not uncommon to see contradictory evidence as each specialist only reports their own specific findings. Having attributed tens of thousands of injuries to causes and mechanisms within vehicles as part of research work, a greater insight into collision events has been accumulated.”

To find out more about the expert witness services provided by the company please contact: Rob Newton Associates Ltd 27 Gladstone Avenue Loughborough Leicestershire LE11 1NP T: +44 (0)1509 233396 M:077 088 56978 E: rnass@dpmrob.co.uk W:www.robnewtonuk.com

PRESIDENT OF THE ROYAL COLLEGE OF OPHTHALMOLOGISTS

PROFESSOR CARRIE MacEWEN Appears on BBC to Highlight Overstretched Eye Resources in NHS

It may surprise you to learn that, according to Eye Specialists, hundreds of patients suffer irreversible sight loss every year in England because services are overstretched and under-resourced.

Following meetings with a prominent BBC health journalist Adam Brimelow over several weeks and with support from Melanie Hingorani and the Moorfields team and the Macular Society, the President of The Royal College of Ophthalmologists Professor Carrie MacEwen was invited to appear on the BBC Breakfast Programme on 16th March to highlight the overstretched Eye Health Services in the NHS and to raise awareness of the capacity and demand issues which affect hospital eye services within the UK.

Professor MacEwen explained: “Many eye diseases which can cause sight loss are more common in older people and our ageing population means the demand on ophthalmology, like all areas of healthcare, is increasing like never before. Hospital attendances have increased year on year in the UK, with over 100m outpatient appointments made in England alone during 2013-14, Hospital attendances have increased year on year in the UK, with over 100m outpatient appointments made in England alone during 2013-14, of which nearly 10% are for eye care.

Common eye conditions which were previously untreatable, such as age-related macular degeneration, can now be treated successfully, but this adds to the demand on eye clinics. Efforts to create more care in the community show no evidence of an actual reduction in demand for care in hospitals. With an increase of up to 30% in eye clinic attendances over the last five years, we can no longer ignore the pressure mounting in hospital eye services.”

Writing for the BBC’s ‘Scrubbing Up’, Professor MacEwen warned the NHS is struggling to keep up because of a ‘perfect storm’ of increased demand, caused by more eye disease in an ageing population which requires requiring long term care. Adding that the current treatment targets (which apply only to NEW patients) fail to reflect the critical importance of followup appointments (which get cancelled or delayed for months or even year, in order for the hospital to meet its targets for NEW patients).

Hospitals have targets to meet, with fines if these targets are missed, to ensure patients avoid long waiting time to receive care. But these targets ONLY apply to NEW patient referrals. What this means in practice is that hospitals start cancelling follow-up appointments in order to meet the new patient targets because that is the only criteria on which they are judged and fined. The result is that follow-up appointments, which are often important, for patients with existing conditions end-up getting progressively more and more delayed.

The Royal College of Ophthalmologists is carrying out a national study to identify patients who have come to harm due to hospital-initiated delays for follow-up appointments.This study has not yet formally reported, but preliminary results indicate that across the UK at least 20 patients per month suffer severe visual sight loss from such delays. There are no targets for follow-ups, meaning data is not routinely gathered. This makes it difficult to determine the magnitude of the problem.

However, a search undertaken by the National Reporting and Learning System (NRLS) identified nearly 500 incidents describing loss or deterioration of vision from such delays between 2011 and 2013 in England and Wales.

These findings strongly reflect the experiences encountered by a great many members of the College.

Details of these experiences have been included in a National study compiled by the College to identify patients who have come to harm due to hospital initiated delays for follow-up appointments; with preliminary results indicating that at least 20 patients per month suffer severe visual loss.

Patients who lose their sight unnecessarily as a direct result of the NHS services being overstretched and under-resourced, may consider taking legal action for Ocular Medical Negligence, for which their Solicitor will require the opinion of a professional Ophthalmologist Expert Witness.

MR MIKE POTTS BSc, PhD, FRCS, FRCOphth

Leading Consultant Ophthalmologist and Expert Witness Mike Potts has achieved an impressive reputation as an Ophthalmologist Expert Witness. The combination of his academic training, which led Mr. Potts to achieve recognised qualifications including BSc, PhD, FRCS, FRCOphth, together with his extensive practical experience, enable him to offer a highly professional service as an Expert Witness, as he outlined in a recent interview: “I specialise in Medico-Legal work both in ocular trauma and in ocular medical negligence. My expert areas are in complex orbital, oculoplastic and neuro-ophthalmic conditions and I also have a special interest in head injuries and their visual after effects.”

For further details Please contact: Mike potts BSc, PhD, FRCS, FRCOphth Tel: 0117 9064 258 Mobile: 07736665597 Email: mikepotts@2cp.co.uk

Dr Edwin Bonner

BDS, MDent Dental Surgeon, Specialist Prosthodontist & Expert Witness For Solicitors and Barristers dealing with Dental Malpractice, Personal Injury, Clinical Negligence or Professional Negligence cases, it cannot be overstated the vital role that a Specialist Prosthodontist Expert Witness can have in ensuring a successful outcome of the case.

The Specialist Prosthodontist Expert Witness will not only have undertaken extensive academic training, leading to recognised qualifications including Bachelor of Dental Surgery (BDS), Master of Dentistry in Prosthodontics (MDent), but will also have gained comprehensive practical experience working within the field of dentistry for a considerable number of years. Added to this the need for an absence of bias cannot be overestimated; with the Expert Witness fully appreciating the importance of providing a totally impartial, independence report on his findings.

Able to draw on almost 50 years’ experience as a Dental Practitioner, including thirty two years as a specialist and Expert Witness in fixed and removable prosthodontics, Dr. Edwin Bonner ticks all the right boxes for Solicitors and Barristers looking for a Specialist Prosthodontist Expert Witness for cases dealing with any of the following issues:

• • • • • • • • • •

Personal Injury RTA Dental Negligence Dental Competence Restorative Dentistry Prosthetic Dentistry TMJ Dysfunction Sport & Leisure Injuries Work Related Injuries Whiplash Injuries

Born and educated in South Africa, Dr. Bonner qualified as a Dental Surgeon in 1967; following which he undertook further training for 4 years to qualify as a specialist Prosthodontist. Armed with such credentials, it comes as no surprise to learn that Dr. Bonner spent eight years as a lecturer/tutor/ mentor to under and post-graduate students.

Dr. Bonner’s Dento-Legal career began in 1985 when he was briefed by the pre-eminent Medicolegal Law Practice in South Africa, Malcolm Lyons & Munro, for whom he prepared over 250 reports.

The high regard in which Dr. Bonner’s professional standing is held within the sector is further highlighted by the fact that nine years ago he was appointed a Local Dental Advisor to the Dental Division of Medical Protection Ltd. Thanks to the extensive training Dr. Bonner undertook with Dental Protection, he has also appeared as an Advisor in over 100 General Dental Council hearings.

As you would expect from such a consummate professional, Dr. Bonner is registered with the Health Council of South Africa as a Specialist Prosthodontist and the UK General Dental Council as a Specialist Prosthodontist.as well as being a registered Expert Witness in the field of fixed and removable dental prosthodontics.

Over the years, Dr. Bonner has been briefed by many UK Solicitors and legal firms, including Pannones on several occasions, as he told us in a recent interview: “Over the past 30 years, I have represented more than 2,500 individuals who have suffered personal injury to the teeth, head and neck, on whose behalf I have written reports, quantified injuries, and given court testimony.” Today, Dr. Bonner provides his services as an Expert throughout England, Scotland, Northern Ireland and Ireland; spending up to 80% of his time on Dento-Legal work, Dr. Bonner receives approximately 100 new instructions from Solicitors per year and within the past 3 years has provided in excess of 300 reports. Whilst a great many of the cases undertaken by Dr. Bonner are settled out of Court, he is fully conversant with formalities required when giving evidence in Court.

TO FIND OUT MORE PLEASE CONTACT: DR. EDWIN BONNER BDS, MDent 57A Dartmouth Road London NW2 54EP Tel: +44 (0)77 666 01338 Email: bonner.edwin@gmail.com

PAUL JONES ASSOCIATES Chartered Clinical Psychologist & Expert Witness

The main criteria for an Expert Witness is the ability to draw on a great deal of experience within their particular field, combined with considerable academic training to enable the expert to provide a highly professional, unbiased service as an Expert Witness.

Therefore, it comes as no surprise to learn Mr.Jones has been involved in Medico Legal work as an Expert Witness for over 20 years, during which time he has gained vast experience in providing Psychological Reports.

That’s exactly what you can expect from Paul Jones(B. Sc., C.Pyschol, AFBPsS), who, under the umbrella of his company Paul Jones Associates, has gained an impressive reputation for the quality service he provides as an Expert Witness.

Another matter commonly referred concerns the impact upon children of parental disputes about contact or residence – such children frequently trapped in the crossfire whereby they suffer huge and damaging emotional pressures which are not always recognised by the statutory services.

Psychological assessments inform the Courts decision-making in respect of children, plans sometimes deferred until intervention in the form of therapy is offered in order to inform whether, post assessment, parents are able to prioritise and to act on their children’s identified needs”.

Mr Jones is well-versed in the formalities of giving evidence in Court, attending court in England and Scotland on average 12 times per year, mostly within the civil courts and usually on the basis of a single joint instructed expert. Assessment of attachment and providing advice about permanency planning and the implications regarding the placement of large sibling groups in respect of children who were unable to return home commonly featuring in instructions.

Mr Jones added that he was used to working with complex cases such as Fabricated or Induced Illness by Carers (formerly known as Munchhausen by Proxy) where, as a means of meeting their own needs a carer fabricates or induces illness or disability in a child.

In his capacity as an expert Witness Psychologist Mr Jones provides services in the Midlands, North of England and Scotland.

He is familiar with working with interpreters. Depending upon their size and complexity cases can normally be completed with provision of a comprehensive report within two months.

In a recent interview Paul let us in on the secret to his success: “I have the benefit of more than 40 years’ experience (25 within the NHS) as a Clinical Psychologist working principally with children and families. Generally, within the context of forensic work, referrals are made to myself because my experience and qualifications enable me to work equally with children and adults in providing assessment and, as appropriate, therapy. Usually the task is one of identifying the needs of children as well as their carer or potential carers’ capacity to meet their needs, if necessary with specified supports, thereby eliminating the requirement for separate assessments which then have to be matched.

The ability quickly to assimilate sometimes vast amounts of information going back many years, to identify the most salient issues and, so as to obtain the necessary information to inform the Courts decision-making, to relate to and to understand families who may be extremely hostile and defensive are important aspects of the job.

Risk assessments and advice on treatment / support needs is provided in cases of neglect, physical, emotional and sexual abuse, mental health concerns (child and adult), drug and alcohol misuse and domestic violence. Denial is an issue that I am often asked to address as well as advising on the capacity of the carer or potential carers to work in partnership with childcare professionals.

Mr. Jones commented that it was helpful in his view for an expert witness to be instructed early in the case rather than later on since that enabled the court to benefit from a psychological overview which, depending upon the findings and the quality of the report, may result in costs being reduced by avoiding the necessity of a contested hearing.

An Associate Fellow of the British Psychological Society and listed on the Expert Witness register, Chartered Clinical Psychologist Mr. Jones has attended regular update training in respect of child development, attachment, child and adult mental health, permanency planning and the role of the expert in legal proceedings.

Since 2004 Mr Jones has also sat on review panels organised by the Independent Review Mechanism to hear adoption and fostering appeals.

To discuss your requirements for an expert witness Please contact: Paul Jones Associates Clinical & Forensic Psychology Services P.O. Box 54 Wallsend Tyne & Wear NE28 7YR T: 0191 263 0808 E: pauljonesassociates@blueyonder.co.uk W: www.pauljonesassociates.co.uk

Langman HRD Ltd

Vocational Rehabilitation & Employment Consultants And Expert Witnesses

Run by business partners Employment & Vocational Rehabilitation Consultant Paul Jackson and Chartered Psychologist & Occupational Psychologist Seumas Halliday, LANGMAN HRD LTD has come a long way since it was established in 1989. Today the Company is acknowledged as one of the foremost firms providing support services to legal professionals, as Expert Witnesses specialising in Personal Injury, Medical Negligence and Employment Litigation Both Paul Jackson and Seumas Halliday are able to draw on their extensive academic training, as well as a wealth of practical expertise to provide highly professional services as Expert Witnesses, as Paul Jackson explained in a recent interview: “Our backgrounds in HR, Training/Development, Case Management and Vocational Rehabilitation have provided us with appropriate knowledge and experience to assist in determining career potential as well as assessing residual employment and earnings capacity.

We receive a balance of instructions from Solicitors (Claimant, Defendant and Joint), Insurers and Employers and provide Expert Witness reports for the Courts, dealing with a wide range of employment issues involving all types of occupations.”

Depending on the type of claim, the Company provide expert opinion on issues such as: • • • • • •

The Claimant’s employment prospects and earnings but for the relevant incident.

An assessment of suitable employment and training as a result of the incident.

Labour market analysis; availability of suitable work.

How long it would take to retrain and find work.

The Claimant’s residual earning capacity.

Smith -v- Manchester: the Claimant’s position on the labour market.

Whilst reporting mostly in personal injury and medical injury cases, Langman also handles claims involving:

• • • • • • • • • •

Matrimonial Criminal Injury Compensation Authority Wrongful arrest and imprisonment Educational negligence (dyslexia, school bullying etc.)

Child abuse Employment issues Work related stress Discrimination (sex, race, disability) False references Other professional negligence (solicitors indemnity etc.)

“We operate throughout Great Britain and Eire and normally prefer to interview the Claimant in person. Having said that, we regularly provide reports on foreign nationals who have claims in UK Courts, which involves researching careers and earnings in other countries such as the USA, Canada, South America, Australia, Hong Kong and mainland Europe. We also report on British citizens for lawyers in other countries.”

When asked what was the secret to the Company’s year-on-year success Paul told us: “As an independent company we provide balanced, objective reports backed up by research data and many years experience of human resource management, training and vocational rehabilitation. By drawing on our vast practical experience in a wide spectrum of disciplines, we are able to offer our services as Expert Witness to a balanced mix of instructions.

We also offer solicitors a free pre-instruction consultation, providing an estimate of costs, review of the issues and guidance as to how a report can assist the Court. Last but not least, we feel it’s important in the present economic climate to strive to keep our fees highly competitive.”

Instructions undertaken by the Company are broken down as Single Joint – 10%; Claimant – 60% and Defendant – 30%. Whilst a great many cases are settled out of court, both Paul and Seumas have had occasion to attend court and are fully conversant with the formalities expected of an Expert Witness giving evidence in Court.

“We are currently able to process reports within 4 to 6 weeks from receiving instructions for a relatively routine case, provided all the evidence is available. However, reports in more complex claims or overseas careers would normally take longer; with urgent cases being accommodated more quickly.”

Employment Research Services & Advisory Reports: Langman HRD also provide shorter reports and supporting information where the parties do not have permission for an Expert Report. These provide factual information from which a detailed a comprehensive Schedule of Loss can be developed.

Paul told us: “We have a Research Department with an extensive library of publications, data and information. This ready access to current and historical data is very useful, for instance, in claims relating to injury in the past.”

The company can provide factual information/data on topics such as: • • • •

Labour market information, trends and industry profiles (e.g. construction, offshore oil and gas, logistics, the NHS); Labour supply and demand; vacancies; unemployment duration. Local and regional earnings (GB); national earnings from the 1980s onwards (GB, Northern Ireland and Eire); International earnings and labour market data; Graduate employment prospects and salaries (e.g. pay progression and lifetime earnings) Langman also research prospects and potential earnings in a wide range of specialist occupations including:

• • • • • •

Sports professionals (e.g. cricketers, golfers, tennis players, footballers (soccer, rugby league, rugby union); Media professionals (e.g. voice over artists, sound engineers, stage/set managers, production managers, directors, property masters, writers, journalists); Medical and health professionals (e.g. dentists, psychiatrists, GPs, radiographers, consultants and nurses); City and financial careers (e.g. fund managers, brokers, traders, actuaries, accountants etc.) senior management pay and benefits (e.g. board director or partner level), teaching and academic research (compulsory and further/higher education); Legal professions (including Solicitors, Barristers, Legal Executives and Paralegals); Uniformed service career and earnings trajectories – e.g. police, fire, ambulance and the Armed Forces.

Paul added: “We can provide cost-effective net pay calculations for the UK and are able to access this information more quickly and more cost-effectively than solicitors.”

Dr Walayat Hussain Dermatology & Skin Cancer Expert Witness

Consultant Dermatologist, Dermatological Surgeon and Mohs Micrographic Surgeon at Leeds Teaching Hospitals NHS Trust, Dr Walayat Hussain accepts medico-legal instruction on all skin conditions including skin cancer, poor outcomes after surgery, scarring and acne.

After qualifying, Dr Hussain specialised in Dermatology in Manchester & New Zealand and developed a specialist interest in skin cancer and dermatological reconstructive surgery. The expert appears on the General Medical Council’s Specialist Register as a Consultant Dermatologist, acknowledging his expertise in conditions relating to the skin (GMC registration 4744306).

Dr Hussain has been writing medico-legal reports for a number of years and in addition to clinical negligence his specialist areas include: •

•

•

Skin cancer: Delayed diagnosis & appropriateness of treatment.

If a cancerous cell had been detected earlier would the outcome have been different?

Why was the diagnosis not made earlier? Were the best treatment methods used?

Treatments: Were these appropriate and were any unnecessary, causing damaging side effects

such as numbness, unsightly scarring, functional impairment, blistering, permanent skin discolouration?

Scarring: Is the resultant scarring from surgery adequate or could its severity have been avoided or reduced? Cosmetically, was the outcome acceptable? Could another form of surgery been used? Was surgery the only option? Could a non-invasive treatment been used?

The expert’s specialist area also includes cryotherapy: a very commonly used method of treating benign moles, pre-cancerous and cancerous skin growths. If not administered appropriately severe consequences may occur to include pain, blistering, infection, scarring, pins & needles and skin discolouration.

Dr Hussain is nationally & internationally recognised as a leading expert in Mohs micrographic surgery - a specialised technique using a microscope to ensure all roots of a skin cancer are removed. It is considered the ‘gold-standard’ treatment for skin cancer as it provides the highest chance of cure but also allows the best cosmetic results after surgery.

As testimony to his expertise, Dr Hussain is the only dermatological surgeon in all of Yorkshire to be accredited by the prestigious American College of Mohs Surgery – the world’s leading Mohs surgery institution. He is one of only a few doctors in Europe who is a Fellow of the American College of Mohs Surgery.

Discussing the importance of instructing an expert at the beginning of legal proceedings as opposed to asking for an opinion at a later stage, Dr Hussain explained, “In several cases that I have recently accepted instruction on, time and effort has been wasted on the outcome due to delayed instruction. It is critically important to ask the right questions, to the right people at the right time during an investigation into medical negligence and related cases.”Although Dr Hussain has not needed to appear in court to give evidence, his experience and expertise in medicolegal report writing has seen many cases settled outside of the court room. He regularly provides medico-legal reports for the General Medical Council – the regulatory body which governs the work of all practising doctors in the UK.

Dr Hussain accepts instructions for both the claimant and defence independently but may also provide reports as a single-joint-expert witness if required.

T: 07580 411 350 E: secretary@drwhussain.com W: www.drwhussain.com

Safety 4 HEd LLP Vincent Theobald-Vega

Health & Safety Consultant & Expert Witness

Health & Safety Consultant & Expert Witness Vincent Theobald-Vega Gains Recognition with Prestigious Award “It was whilst working for Newcastle University that Vincent Theobald-Vega took a leap of faith to form his own company Safety 4 HEd LLP. Since then the Company has grown and gathered momentum. The company now undertakes work for Universities, Technology companies, Blue Chip companies and Charities.”

Not every company can walk away with one of these accolades, which have become the hallmark of success; but those that do all emerge from the process a more successful business, with many having gone on to become acknowledged leaders in the marketplace.

As a very experienced expert Health & Safety practitioner, highly committed to the development of quality Occupational Health, Safety and Environment cultures, Vincent has a proven track record of creating good quality safety procedures and reducing business costs, whilst improving safety compliance.

Safety 4 HEd is much less costly and will help you to reduce the risks of enforcement action, such as Notices or Prosecutions.

For just one fee, Safety 4 HEd can provide your safety advisory, training and associated services including audits, inspections and investigations - to the current best practice standards.

Having achieved a BSc (Hons) in Forestry, MSc in Biological Computation and Pg Dip in Health & Safety, as well as the Certificate in Education (LLS), Vincent is able to draw on his academic training, together with the unique knowledge he gained throughout his career working in a wide spectrum of industries to provide a professional, independent service as a Health & Safety Consultant and Expert Witness.

“The team at Security Industry E-Mag was so impressed with the professionalism exhibited by Vincent Theobald-Vega in the services he provides, as a Health & Safety Practitioner and Expert Witness, that they voted unanimously in favour of Safety 4 HEd LLP to receive the coveted AWARD OF EXCELLENCE FOR SERVICES TO THE HEALTH AND SAFETY INDUSTRY 2015.”

Recognised both in the UK and abroad, this independent Award Scheme was created in order to recognise those businesses and individuals that have made an outstanding contribution to their particular field. Security Industry E-Mag is always keen to bring attention to those who are providing a product or service that stands out from the crowd and deserves to be appreciated not only by its readers, but also by a wider audience.

“The HSE charges £129 per hour if they are of the opinion that your activities are not compliant with the legal requirements. In the three years from October 2012 to October 2015 the HSE invoiced over £27M with an average charge of £582, which is generally rising, ending this period at over £750 per invoice.”

Never one to rest on his laurels, Vincent is constantly pushing the boundaries of his own personal development, having gained the following qualifications CMIOSH, FIIRSM and OSHCR, which all require ongoing CPD.

IF YOU THINK THAT SAFETY IS EXPENSIVE.....

TRYING HAVING AN ACCIDENT!

Having dealt with personnel from all sectors of the business community, ranging from Porters to Professors, Vincent has extensive experience of the Courtroom, having achieved 100% success as both Prosecutor and Defence. As a former senior Manager in a top UK University, Vincent is acknowledged as a leading specialist in Health & Safety issues, with experience in dealing with strategic issues within a commercial environment.

An examiner for NEBOSH and IOSH qualifications, it is unsurprising that international companies and universities use Vincent to deliver their Training Courses (including the IOSH Working, Managing and Directing Safety suite), in addition to the bespoke materials written for his Safety 4 HEd clients.

Complimentary comments received from his students include: •

A good structured course giving relevant information The whole session was very good Relaxed atmosphere Approachable, knowledge Relevant to our workplace

It may surprise you to learn that, on average, every year in the UK there is a major University building severely damaged or lost to fire. Recent examples include:

• • • •

• •

In presenting this Award, the Team at Security Industry E-Mag was particularly impressed with the flexibility Vincent offers in the Health & Safety Consultancy and Training Courses he provides, which include audits and inspection in line with current standards. “Our aim is to work in a gentle, low-key manner, providing balanced and proportionate recommendations specifically designed for each client’s individual requirements. We do not offer ‘standard models’ or ‘off-the-shelf solutions’ because experience has shown that individually tailored, bespoke Training Courses enable the client to gain the maximum results from the experience.”

• •

Glasgow School of Art in 2014 Nottingham University, Chemistry Building, under construction in 2014 Southampton University, new NanoTechnology Building - 2005 City University’s College Building - 2001

A competent Fire Rick Assessment can reduce the risk of a fire starting, improve the compartmentation (to stop it spreading) and even increase the permitted population of the building, making it more efficient to use for much less than the cost of a new building.

As you would expect of such a consummate professional, Vincent is a member of a number of leading Institutes and Societies including:

• • • • •

FIIRSM Fellow of the International Institute of Risk and Safety Management FRSPH Fellow of the Royal Society for Public Health CMIOSH Chartered Member of the Institution of Occupational Safety and Health MISTR Member of the Institute of Safety in Technology and Research Associate Member of the Chartered Institute of Ergonomics and Human Factors

In a recent interview Vincent agreed to let us in on the secret to his success as an Expert Witness:

The testimonial below highlights the high esteem in which Vincent is regarded by his clients: Dear Vincent I wanted to drop you a note to thank you for your efforts on the recent consultancy project you have completed for one of my long standing clients.

The feedback from the client has been very positive.

From my perspective both your interim and final reports have been delivered on time, on budget and in line with the original brief. In my opinion, your attention to detail and technical knowledge has provided my client with the information that they need to make an informed, risk-based decision on their next course of action.

“When providing my services as an Expert Witness on Health & Safety issues I am able to utilise my huge breadth of expertise in all areas of Health & Safety, which I gained working for over 25 years within the sector. During this time I dealt with issues relating to Agriculture, Management & Removal of Asbestos, Biosafety, Construction, Dangerous Substances, Demolition, Education, Fire, Forestry GMOs, Heights & Falls and Investigations dealing with trivialities through fatalities.

Your report has helped both technical and nontechnical people involved in this serious incident understand both the gravity of the potential life risk and root cause from errors made nearly 10 years ago. Added to this is the clear understanding of the business impact of the deficiencies in the power supply configuration.

This diversity of knowledge gives me the advantage of having had occasion to deal with the majority of critical Health & Safety problems at some time other throughout my career, enabling me to quickly analyse the problem and promptly isolate the relevant issues – which, in solving more complex cases, may require that I liaise with other specialists working in the field. I can then provide the client with a concise, independent report detailing my findings.

I will have no hesitation in working with you again should the need arise and in recommending you to other safety professionals and clients alike.

Best Regards

In my capacity as an Expert Witness, I have previously been involved in a number of cases, including those which are now sealed under confidentiality agreements. I am currently engaged on an electrical explosion incident on a very high amperage 415V system, which is highly likely to end up in a Court case, due to the level of economic damage that was suffered.”

Achieving the Award of Excellence for Services to the Health & Safety Industry serves as a benchmark to the high level of service clients can expect from SAFETY 4 HEd LLP. The last word goes to Vincent, who, on receiving this accolade, had this to say: “We are humbled by the recognition of such a major award. We thank our existing clients, whose trust made all this possible. We also welcome new clients and challenge - but always providing our signature, affordable tailored services.”

Pictures taken during investigations into laboratory, manufacturing and workshop incidents.

To find out more please contact Vincent Theobald-Vega SAFETY 4 HEd LLP 7 Derwent View, Chopwell, Newcastle-upon-Tyne NE17 7AN

Tel: 07940 564 889 Email: vincent@safety4hed.co.uk Website: www.safety4hed.co.uk

ANIRUDDHA CHAKRAVARTI Consultant Urological Surgeon & Expert Witness In Urology MB BS, MS (General Surgery), FRCS (Eng), FRCS (Urology), MSc

ANIRUDDHA CHAKRAVARTI - MB BS, MS (General Surgery), FRCS (Eng), FRCS (Urology), MSc (Birmingham), Diplomate of National Board of India - is able to combine his academic training, which saw him achieving the above qualifications, including successfully passing the Bond Solon Expert Witness Training in London, with the extensive knowledge he gained throughout his career, to provide a highly professional service as an Expert Witness.

Additional training undertaken by Mr. Chakravarti includes:

•

Laparoscopic Surgery

•

Masters in Health Care Policy and Management’ and ‘Bond Solon Expert Medical Witness Training

University Diploma European Institute of Telesurgery, Strasbourg, France, December 2003

Mr. Chakravarti has held many prestigious posts throughout his career including – Consultant Urological Surgeon at The Dudley Group of Hospitals NHS Foundation Trust from 2009 to 2015; Locum Consultant Urological Surgeon, Department of Urology, Bristol Royal Infirmary, University Hospitals Bristol NHS Foundation Trust; ; Senior Clinical Lecturer in Urology, University of Birmingham; Consultant Urological Surgeon (with special interest in Robot assisted and pure laparoscopic surgery of the upper urinary tract) at The Royal Wolverhampton NHS Trust, UK. As well as currently holding the position as Consultant Urological Surgeon, in the Department of Urology at The Royal Wolverhampton Hospitals NHS Trust, Mr. Chakravarti also undertakes the post of Senior Clinical Lecturer in Urology at the University of Birmingham, as he explained in a recent interview: “I am working as a Consultant Urological Surgeon with special interest in upper urinary tract robotic and laparoscopic surgery at The Royal Wolverhampton Hospitals NHS Trust, UK, and as a Senior Clinical lecturer in Urology, University of Birmingham, UK. In addition to extensive clinical experience, I have had a considerable research output and have also gained a formal postgraduate degree MSc in Health Care Policy and Management, Birmingham University.

I have prepared myself for the changing scenario of revalidation for doctors through extensive training.

I have been involved in appraising and mentoring colleagues, trainees and students and intend to develop further in that role.”

As you would expect of such a consummate professional Mr. Chakravarti holds Membership to a number of leading Societies including the British Association of Urological Surgeons, the European Association of Urology and the Endourological Society Medical Defense Union. A registered Member of the British GMC he is also a Fellow of the Royal College of Surgeons of England.

Evidence of the high esteem in which Mr. Chakravarti’s expertise is held throughout the medical profession is highlighted by the fact that he also reviews leading Journals; having in the past reviewed manuscripts for the Journal of Urology’ the British Journal of Urology International; the Medical Science Monitor and the Indian Journal of Medical Science Therefore, it comes as no surprise to learn that Mr. Chakravarti has also had a number of his own articles published in peer reviewed journals.

Mr.Chakravarti is no stranger when it comes to receiving Awards, having been presented with the ‘Guy Baines Medal’ for best research paper in Midlands Urology Club in 2005 and again in 2007, Mr. Chakravarti received Awards for Clinical Excellence in 2012 and in 2014 for Development and Excellence in laparoscopic renal and adrenal surgery. He also received the Merit Award in MSc in Health Care Policy & Management, from the University of Birmingham.

The final word goes to Mr.Chakravarti; “I enjoy working as an Expert Witness in difficult clinical controversies to help the legal matters through an intuitive and experienced review of the case from an expert medical point of view. I have had the necessary training to become an expert witness and have done a considerable number of medico legal reports on urological conditions arising from injuries and clinical negligence. I have experience in both ‘conditions and prognosis’ reports and ‘breach of duty and causation’ reports. I have also done a few reports on urological conditions in criminal cases.”

For further information please contact:

ANIRUDDHA CHAKRAVARTI MB BS, MS (General Surgery), FRCS (Eng), FRCS (Urology), MSc Tel: 07929376148 Mobile: 07771648686 Email: anichak@hotmail.com

MAGGIE SARGENT RGN

Expert Witness

I am a Registered General Nurse and I trained at St Thomas’s Hospital, London. I have over 30 years of experience of caring for patients both in hospitals and within the community. From 1981 I worked closely with Miss Winifred Smalley MBE for several years and I have provided expert evidence on the additional costs of caring for clients with acquired brain injury and physical handicaps for both personal injury and medical negligence claims.

I was employed as Nursing Director for International Care Ltd, a division of International Hospitals Group Ltd, and was responsible for assessing, providing, and supervising care for patients, and for supplying trained nurses, social workers, and care assistants in the United Kingdom and overseas.

For six years I was Honorary Secretary of the Forum of Independent Nurse Managers at the Royal College of Nursing, and have been Honorary Secretary of the Nursing Agency Administrators’ Forum. I am Nursing Adviser on the advisory board for Headway National and am a life member. I am also an advanced member of BABICM for clients who have suffered traumatic brain injury and was also a director on the board of CMS UK from 2002 to 2004. I hold a current People Handling and Risk Assessment Trainer’s certificate.

In 2004 I published a paper at The European Brain Injury Symposium at the Vatican on caring for clients in the community with PVS and have published other papers on costs of care in the community. I was an invited speaker on case management at the ‘Fifth World Congress for NeuroRehabilitation’, which took place in Rio de Janeiro in September 2008, and also at the PEOPIL Conference, which took place in Malta in June 2009, and I was chosen to contribute a chapter on care and case management in the recently published APIL Guide to Catastrophic Injury Claims.

I am currently a director of a national care consultancy and case management company, which offers case management services for clients with profound disability. We have some 35 case managers across the Country and are currently applying for CARF registration. In 1997 I established a local nursing service for the community funded by charitable donations, which provides nursing care within a patient’s home. In 2011 I established the Oxford Group and in 2013 the Bristol Group of The Silver Lining Charity providing social opportunities and challenges for clients with brain injury, which have a client group of 50 service users at present. I also lecture at seminars across the country on costs of care both in the public and private sectors and on case management practice. I also run an annual ski trip to France for brain-injured clients.

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Maggie Sargent & Associates provide reports for both claimants and defendants (60% and 40% split) and have given oral evidence on 54 cases since 1985 in the High Court. I have received some 80 joint instructions since January 1999. I am regularly instructed by the Criminal Injuries Board and have also given evidence for a number of judicial reviews. I have prepared over 2,000 reports for both claimants and defendants in the past 25 years. I combine preparing reports with case managing clients in the Midlands area and am part of a community rehabilitation project which provides therapy, care and general rehabilitation and find my current practical experience invaluable in making assessments of costs of care.

Maggie Sargent & Associates Darlingscott Farm Darlingscott Shipston on Stour Warwickshire CV36 4PN T: 01608 682500 F: 01608 682372 E: office@maggiesargent.co.uk

VICTORIA JENKINS BSc(Hons), CBiol, MSB, MCSFS, MEWI

PHARMACOLOGIST, TOXICOLOGIST & EXPERT WITNESS

Victoria Jenkins is able to combine her professional training, which led to her achieving a BSc. (Hons.) in Pharmacology and Toxicology, with the extensive work experience she gained throughout her career. From her first post learning forensic skills at a North East company through to the three years she spent as Head of the Drug & Toxicology Department at another leading forensic company, Victoria gained an invaluable insight into alcohol calculations, drink drive offences, alcohol, drug and medication effects and interactions. She became an independent consultant in 2002 and also provides reports as a consultant for Biomark Forensics.

As part of her continual commitment to develop and extend her knowledge-base Victoria trained in the use of the ‘Camic Datamaster’ and ‘Lion Intoxilyzer 6000UK’ breath testing machines and attended a residential course at the Department of Forensic Medicine & Science in Glasgow; as well as undertaking additional training in the written and oral presentation of forensic evidence to support her work as an Expert Witness.

Having attended Crown, Magistrates’ and Youth Courts, Coroners’ Courts and the Royal Courts of Justice in London and Jersey, to give advice and evidence on various aspects of forensic toxicology, Victoria is well versed in the etiquette expected of an Expert Witness in Court. Added to this, her encyclopaedic knowledge of the effects and interactions of a wide range of alcohol, drugs and medicines has been of great assistance in many cases she has undertaken; empowering her with the knowledge required to produce hundreds of professional reports.

Victoria offers a diverse service as an Expert Witness and whilst mainly dealing with criminal cases for the defence or as a Single/Joint Expert, she has also carried out personal injury work and medical negligence cases on the behalf of the claimant, defendant or as a Single/Joint Expert.

As you would expect of such a consummate professional Victoria is a member of a number of leading organisations including: • Member of the Expert Witness Institute (MEWI); • Member of the Chartered Society of Forensic Scientists (MCSFS); • Member of the Society of Biology (MSB); • Chartered Biologist (CBIOL) • Association of Personal Injury Lawyers Approved Expert (APIL Expert).

Giving us brief examples of cases that she has successfully undertaken in the past, Victoria went on to say: Personal Injury Cases: for example accidents at home or in the workplace where somebody has ingested alcohol, prescription drugs or illegal drugs. I have been asked to consider whether the drugs/alcohol ingested may have affected co-ordination, balance, concentration etc and therefore have contributed towards the accident happening.

Medical Negligence Cases: for example where an individual has been prescribed the wrong medication by mistake or has been prescribed the wrong dose of medication and I have been asked to comment on the effect this may have had on their health.

Criminal Cases: most often these are driving offences.

In the case of alcohol, I may be asked to consider whether an individual’s recollected alcohol consumption is consistent with their breath reading and whether their reading would have been below the limit if they had not consumed post driving or laced drinks.

I am also often asked to comment on the effects of alcohol and/or drugs on an individual at the time they committed an offence and/or at the time they were interviewed.

I have been asked to consider toxicology reports in Post Mortem cases to assess whether the effects of drugs and/ or alcohol may have contributed to someone’s death.

In cases where an individual claims that they have had their drinks spiked (often to facilitate rape), I have been asked to comment on the effects of any drugs that may have been detected in their blood or urine samples. If no drugs were detected, I have been asked to consider whether any drugs may have been administered that could have passed out of the body prior to samples being obtained and if so whether the effects of these drugs are consistent with any effects described by the individual.

VICTORIA JENKINS

BSc(Hons) CBiol MSB, MCSFS, MEWI

Tel: 0191 378 1939 F: 0870 762 6873 M: 07890 030 366 E: victoria.jenkins@live.co.uk

Based in the heart of the city of Sheffield, SMC is a multi-disciplinary, specialist firm of commercial Estate Agents and Chartered Surveyors, operating mainly in the Sheffield, South Yorkshire, Derbyshire and North Nottinghamshire areas.

By combining modern IT with traditional values SMC is able to offer its clients a service which is based on high standards and professional ethics.

The services provided by SMC include: • • • • • • • • • •

Commercial estate agency Acquisitions Investments Development advice and appraisals Valuations Landlord & tenant advice and negotiations Rent reviews, lease renewals and lease advisory Property management Building Surveys Residential Surveys, including RICS Home Buyers Reports and ISVA Home Surveys

Regulated by RICS and a member of the Independent Surveyors & Valuers Association (ISVA), SMC’s team are all Chartered Surveyors and Valuers; with the latter all being Registered under the RICS Valuer Registration Scheme.

Having achieved an impressive reputation as leading commercial Estate Agents and Chartered Surveyors, SMC is fast gaining the same level of reputation for the service it provides as an Expert Witness; generally involved in civil matters, such as professional negligence, leasehold disputes, lease renewals, dilapidations and matrimonial disputes.

In a recent interview Mike Hull, the Company’s Director agreed to let us in on the secret to the Company’s continual success: “Key to our success is the fact that we can draw on the skill and expertise of a highly trained team, all of whom take pride in offering a combination of genuine expertise and personal, proactive service.”

A Member of the Royal Institution of Chartered Surveyors (MRICS), Mike has also achieved an Advanced Professional Award in Expert Witness Evidence (to BTEC 7 level), as well as being listed on the UK Register of Expert Witnesses.

Below are brief examples of cases for which Mike has received instructions Professional Negligence “Over the last few years, I have been involved in several cases involving alleged professional negligence against other valuers – I have acted for the claimants and the defendants in different cases. These have involved retrospective valuations, in some cases back dated around 5 or 6 years.

Compulsory Purchase “A recent case involved a retrospective valuation of a development site which was taken by a road scheme.

The report had to be prepared for Upper Tribunal (Lands Chamber). I was instructed by the acquiring authority and produced a detailed valuation that looked at the value of the site as at the date of entry in 2005 and I used both contemporary comparable evidence and the residual method of valuation. The claimant’s surveyor used just the residual method which is notoriously susceptible to large variations due to minor changes in valuation inputs. The report was prepared for a possible hearing at the Upper Tribunal, but it did not proceed that far, as the parties reached agreement at the eleventh hour.”

Matrimonial Cases “In nearly all cases I am appointed as Single Joint Experts to value marital assets – can be business premises and occasionally the matrimonial home. Acting as SJE is usually more straightforward as I am often appointed following a Court Order, so the parties usually know they have to comply. Thus far, when appointed as an SJE it has never been necessary for me to attend Court.

Lease Renewals “These cases are normally agreed without recourse to trial. I have been involved in some interesting cases both as a Single Joint Expert and a party’s expert involving lease renewals in market halls, where a small number of renewals were used as test cases for the whole of each market.

I have acted in countless lease renewal cases involving retail, industrial, office and other properties, such as day nurseries and private schools.”

Dilapidations “Although I do not prepare schedules of dilapidations, I do prepare S.18 diminution in value reports. Under S.18(1) of the Landlord and Tenant Act 1927, the landlord’s claim is limited to the lower of the cost of the works or the diminution in value to the landlord’s interest as a result of the dilapidations. The last two court appearances were both in relation to S.18 and were contended this far mainly because the landlord and tenant in each case had very entrenched positions.”

SMC CHARTERED SURVEYORS Campo House 54 Campo Lane Sheffield S1 2EG

T: 0114 281 2183 F: 0114 276 2979 E: info@smcommercial.co.uk W: www.smcommercial.co.uk

DR. PAWAN RAJPAL M.B.B.S., P.G. Dip. Psych Med, M.R.C.Psych., P.G.Dip. (Mental Health Law)

CONSULTANT PSYCHIATRIST & EXPERT WITNESS

Working both within the NHS and the private sector, Dr Pawan Rajpal is a very experienced Psychiatrist who is not only able to draw on over 10 years' experience within the medical sector, but also combine this with the wealth of academic training he undertook, which led to him achieving his Medical Degree at Grant Medical College, Bombay. Following this he undertook further postgraduate training at St Guys and St Thomas's Hospital, London.

In a recent interview Dr. Rajpal told us:

Dr. Rajpal’s continual commitment to develop and extend his knowledge-base was evident when in 2008 he undertook a postgraduate diploma in Mental Health Law at the University of Northumbria. Throughout his career Dr Rajpal has undertaken Continuing Professional Development; ensuring he is up-to-date with the CPD requirements of the Royal College of Psychiatrists.

Formerly the Lead Consultant for the National Autistic Society, South West Region, Dr. Rajpal has had extensive training in diagnosing and treating complex mental health conditions; having helped people suffering from Depression, Bipolar disorder, Autism and Asperger's, adult ADHD, as well as personality disorders and addiction. He is also skilled in treating psychiatric aspects of genetic and neurodevelopmental disorders in adults and children.

Positions which Dr. Rajpal has held in the past include being the Lead Clinician for The Hayes, an independent hospital managed by the National Autistic Society, which specifically deals with people with Asperger’s Disorder and those detained under the MHA (1983).

His duties in this post including having responsibility for patients with severe Asperger’s Syndrome and those with severe mental illness, as well as those with morbid borderline learning disability in low and medium-secure settings.

Currently working for the NHS as a Consultant Psychiatrist in complex health needs service, Dr. Rajpal also acts as a ‘visiting consultant’ to a special needs school, in Devon, which has students with EBD, ASD, ADHD and challenging behaviour. He is also a ‘visiting consultant’ to residential homes that cater for people with Asperger’s and have legal restrictions.

Listed in the Law Society Directory of Expert Witnesses, Dr. Rajpal specialises in undertaking cases relating to those with Asperger’s and Autism and their interaction with Criminal Justice system. He has also undertaken cases for those with borderline to mild Learning disability and Probation, Courts, Mental disordered patients in the criminal justice system, Fitness to plead/ Effective participation in Court process, fitness to instruct Legal representatives.

Additional training successfully undertaken by Dr. Rajpal includes Higher Specialist Training in Learning Disability Psychiatry for which he received a Certificate of Completion Training (CCT) May 2008. Dr. Rajpal also completed training in Civil Procedure Rules with As an Expert Witness I have experience in Magistrate, Bond Solon, as well as achieving a Post Graduate County and Coroners Courts; having prepared Diploma in ( Mental Health Law). psychiatric medico-legal reports for Criminal, civil and employment cases (on average 50-70 reports/year). As you would expect of such a consummate These include reports for ‘fitness to plead/instruct professional, Dr. Rajpal is on the GMC Specialist solicitors, Court of protection, Capacity assessments Register, together with holding Membership to a for engaging in litigation and managing finances, number of leading organisations including the Royal PTSD pots RTA, MCA, DOLS, Equality act 2010 and College of Psychiatrists and the Medical Protection Society.

Child and Family proceedings.

“I am approved under Section 12 of the Mental Health Act, 1983 as having special expertise in the assessment of psychiatric disorders as well as being an Approved Clinician under the Mental Health Act.

Based in Bristol and Harley Street, London, Dr. Rajpal benefits from the fact that he is fluent in Hindu, Urdu, Punjabi and Marathi, as well as English.

In his capacity as an Expert Witness, Dr Rajpal is experienced in creating Medico-Legal Reports for the claimant, the defendant and jointly instructed by the Courts on behalf of Solicitors, the Police and Probation Service, as well as compiling assessments under the Mental Capacity Act. Dr. Rajpal also has experience in producing reports arising from psychiatric injury as a result of medical negligence and/or bullying and harassment, as well as compiling reports related to immigration in both London and Bristol.

Dr Rajpal has particular expertise in diagnosing and Treating Adult ADHD (Attention deficit/Hyperactivity Disorder), Asperger's Syndrome in adults, and Autism in adults. He is also experienced in treating those with depression, bipolar disorder, personality disorders, addictions and other complex cases.

I have experience of working in a CMHT's & CLDT's, with detained patients including preparing reports and attending tribunals. I am also able to carry out Risk Assessments using HCR 20, SVR, am trained in DISCO and ADOS.”

A sign of the high esteem in which Dr. Rajpal’s expertise is held is evident in the fact that he is an Honorary Lecturer at the University of Bristol.

As well as his Clinics at Bristol and at 10 Harley Street.

London, Dr. Rajpal also provides Prison and Home Visits.

For his services as an Expert Witness Dr. Rajpal makes no charge is made for initial telephone discussions with solicitors concerning potential instructions.

To discuss your needs for an Expert Witness please contact:

DR. PAWAN RAJPAL Priory Hospital, Heath House Lane, Stapleton, Bristol. BS16 1EQ Tel: 0207 1003 719 | Fax: 0207 1003 751 | Email: drprajpal@gmail.com

MR. R. BAILEY

Clinical Lead Emergency Medicine [A&E] and Expert Witness Chesterfield Royal Hospital NHSFT”

Our system of adjudicating medical malpractice cases is often called "the battle of the experts"; with each side finding an expert to support its view of the case. With respect to the emergency physician, testimony should be supported by emergency medicine literature. Often, however, opinions are divided.

The true expert should be hired to examine the evidence that caused the dispute. As such, the expert is supposed to truthfully serve the courts by supplying information to counsel so as to enable a judge, a jury or an arbitrator to make a fair determination of the issues involved.

For purposes of depositions, written reports and courtroom testimony, the best experts are those who have the ability to take complicated and sometimes arcane facts and reduce them down to simple laymen's terms. The object is not to talk down to the listener but merely to communicate objectively.

Simplicity, when carried to extremes, sometimes becomes eloquence.

Of course, experts on either side of a dispute can have honest differences of opinion; this is what often becomes the core of the case. Honesty notwithstanding, the expert is not required to help make a case for the opposing side. He should concentrate his efforts on developing issues that will help his client's case.

For the past 18 years Mr. Richard Bailey has worked as a Consultant & Clinical Lead/Director in a busy DGH ED, where his duties include assessing and treating the whole spectrum of adult and paediatric injury from minor injury/illness to major trauma and critically ill medical/surgical patients. The unique experience he has gained in this role gives him the requisite background to provide a highly professional, independent service as a clinical Expert Witness, as he outlined in a recent interview:

“My clinical experience is supported by post-graduate qualifications in surgery, critical care and emergency medicine [FRCS, DA, FCEM].

As Clinical Lead I also advise my Trust on medico-legal matters such as cases pending litigation and Coroners inquests.”

A Fellow of the Royal College of Surgeons (Edinburgh), Mr. Bailey is also a Council Member and Fellow of the Royal College of Emergency Medicine.

During the last year Mr. Bailey has been required to give evidence in Court on eight occasions acting on behalf of the Prosecution - mainly for the CPS. “As a general rule, I provide approximately 110 personal injury reports per annum and around 30 clinical negligence reports,” Mr. Bailey explained, “I also provide expert reports for the Police/CPS assisting with cases including murder inquiries, child and adult safeguarding and Whiplash fraud.

When asked if he felt it was important to instruct an Expert Witness at the beginning of an investigation/legal case, as opposed to asking for an opinion at a later stage of the proceedings, Mr. Bailey told us: “A good expert report will clarify clinical matters and may on occasion remove the need for lengthy, expensive legal proceedings. An early report will also allow the legal team to plan their case in a more structured way and remove some of the uncertainties that may be obstructive as the case progresses.”

TO DISCUSS YOUR INDIVIDUAL REQUIREMENTS FOR AN EXPERT WITNESS CONTACT:

MR. R. BAILEY - Tel: 07970016888 - Email: bill.bailey1@nhs.net

UCL Medical Photography/Health Creatives Having been providing Medico Legal Photography since 1995, it comes as no surprise to learn that UCL Medical Photography/Health Creatives has achieved an impressive reputation over the years for providing a highly professional Expert Witness Service as Keeley Smith, the department’s Services Co-ordinator outlined in a recent interview: “Our experience has grown over the years and the fact that we continue to supply the same firms of solicitors, who are clearly happy with our services, speaks volumes as to the quality of the Expert Witness Service that we provide.” The fact that the majority of the department’s new business stems directly from recommendations, speaks for itself.

Why UCL Medical Photography/ Health Creatives?

The department is able to draw on the skill and expertise of a highly dedicated team of photographers/videographers, all of whom are registered members of the Institute of Medical Illustrators and are bound by the Institute of Medical Illustrators’ Code of Practice.

Heath Creatives extensive knowledge of the human anatomy enables it to photograph precise areas; with the use of specialised lighting techniques, highlighting precisely any abnormalities. Medical photography is also used to keep a record of treatment for patients, especially in the domain of Plastic Surgery and Dermatology. Keeley went on to say: “When it comes to being commissioned to act as an Expert Witness, as a general rule, we are instructed by the claimant’s solicitor directly to provide evidence for them in the forms of photography and videography. This can involve either the client attending our Studios, or, alternatively, we are more than happy to visit the client at their home. We also provide videography services for Witness Depositions, either at the Barrister’s Chambers or client’s home.

In our capacity as Expert Witnesses we very rarely have to attend Court, other than for the occasional case involving clinical negligence for which the Photographer may be requested to give evidence in Court.”

A Day in the Life film Health Creatives also produce ‘A Day In the Life’ video assessments, which document the result of a trauma due to clinical negligence or an accident and the effect this has had on the person and details the care and assistance they now require to live from day to day. Detailed planning of the day, for example, gaining consent from all those who will feature on film, is vital.

“We also need to make sure that the claimant’s day is as full as possible with activities, therapies etc,” explained Keeley, “Whilst the activities would not all, typically, occur on the same day, they all need to be shown. We record over a 24 hour period, starting at around midday on the first day; film the daily routine until the claimant retires to bed and then recommence from waking up until midday on the second day. Once the footage is edited we try to keep the finished product down to a manageable one hour.

A typical ‘working day’ for our photographers/videographers would mainly be spent in clinical environments, either in the department’s studio, within operating theatres and on hospital wards.

We strive to encompass all that the claimant requires regarding their well being which may include speech and language therapy, hydrotherapy and use of an adapted vehicle, either as a driver or passenger. Along with the physical needs we are often asked to show emotional needs involving social interaction with friends and family.

The film can also be used to highlight the inappropriateness of the claimants living situation and assist in the process of finding a more suitable property.”

When asked if she could give us an example of the type of cases the company undertakes, Keeley told us: “About eight years ago we were asked to film a claimant at a rehabilitation centre where we had to liaise with the centre’s staff and be careful about recording other patients at the centre. Two years later we were asked to record the same client. He had moved from the rehabilitation centre to a new home where he lived with his partner. The footage showed the assistance and support he received from carers and his progress since the previous DITL.”

For further information please contact: Keeley Smith Services Coordinator UCL Medical Photography/Health Creatives, 30 Guilford Street, London WC1N 1EH T: 020 7813 8212 E: Keeley.Smith@ucl.ac.uk W: www.HealthCreatives.co.uk

You provide the problem, We provide the solution...

Since its inception in 2009 H+H Fire has gone from strength to strength. Under the leadership of founder Glenn Horton B.Eng (Hons), H+H Fire is today acknowledged as a leading provider of fire engineering and related services for projects

worldwide; from

the

Below Glenn outlines examples of the

initial concept

types of cases he has undertaken in

through to occupation for regulatory, business

his capacity as an Expert Witness:

continuity and property protection purposes.

Alongside this, the Company also offers a highly professional Expert Witness service.

“I am currently instructed on two cases which involves a claim by a PFI building occupier

Having worked for the Essex Fire Brigade, where

against the asset owners where the building was

he served in operations, training and fire prevention,

not constructed nor maintained in accordance

Glenn was responsible for approvals, enforcement

with

and prosecutions under the Fire Precautions Act; leading and working on major projects throughout

Thames Corridor. This, together with his extensive academic training, which included graduating from London South Bank University with a B.Eng (Hons) in fire safety engineering with a thesis on the conversion of an existing open shopping centre into a covered mall, give Glenn all the necessary credentials to play a key role in the Company’s success.

Prestigious

projects

Glenn

has

successfully

concluded in the past include the Mall of Arabia (the world’s largest shopping mall with the final design of some 450M ft2 gross leasable area), the 1st phase of the Dubai Metro, Jebel Hafeet Ski slope (a 2km long indoor ski slope plus hotels, mall, etc), Bahrain Bay (3 x 42 storey towers on top of 9 levels of parking and a shopping mall), Imperial Wharf (the largest brownfield mixed use development in the UK), to name but a few.

As a corporate and Chartered Member of the Institute of Fire Engineers, Chartered Association of Building Engineers and an Associate Member of the Society of Fire Protection Engineers, it comes as no surprise to learn that in 2000 Glenn was awarded Chartered Fire Engineer status by the Institute of Fire Engineers; the significance of this honour being highlighted by the fact that at the time of his application there were only 13 registered worldwide.

original

fire

safety

design

and

is

standard.

the County of Essex, including working on Stansted Airport and the Oil Refinery complexes along the

the

consequently not of an appropriate fire safety

Letting us in on the secret to the Company’s yearon-year success Glenn went on to say: “Our raison d’être is to ensure that the risks associated with a client’s projects in relation to fire engineering are understood at an early stage, allowing the client’s team to manage those risks. We recognise that the key benefits we bring to a project are the ability to understand a client’s brief quickly and to deliver solutions that are cost-effective, timely and meet their objectives.

We see our role as being able to

deliver what the client wants without drama or fuss; no more no less.”

attract a dedicated team of highly skilled consultants, enabling the Company to offer a range of services acting

cost

value

for

the

two

significant, at least in theory.

properties

are

The larger of

the two claims could in theory result in a claim against the asset owner of sums of the orders of £100s millions over the past 12 years.

The

failures in the construction also render the occupants vulnerable in the event of a fire and have resulted in significant adjustments to the fire plan for the buildings.

This significant impacts on the resources and management of the fire plan leading to costs

Over the years, Glenn has had the foresight to

including

The

as

an

Expert

Witness,

as

he

explained: “When it comes to the Expert Witness services the Company provides, our Consultants can provide expert testimony and support for claims arising out of contractual disputes, as well as acting for clients under the Regulatory Reform (Fire Safety) Order.”

Having acted for the defence in criminal prosecutions and attended court on behalf of the claimant and plaintiff in civil cases, Glenn is fully conversant with the formalities required of an Expert Witness required to give evidence in Court.

increase, of the order of £50k pcm. In addition to these risks the building occupiers are also exposed to risk of prosecution due to the deficiencies in the buildings.

I have also been instructed to provide a review of the evidence against an individual facing criminal prosecution following a fire in the building they owned.

I was tasked to confirm whether there

was a reasonable defense against the charges and what mitigation there may be. My report and information allowed effective cross-examining of the prosecution witnesses and were used to provide mitigation for the accused.”

FOR FURTHER DETAILS PLEASE CONTACT: H+H Fire 41-42 London Wall London EC2M 5TB T: +44 (0)207 193 2990 E: glennhorton@hhfire.com W: www.hhfire.com

IDMU Ltd Rodney Chambers, Liverpool L1 9AA A forward-thinking Company, backedup by highly training staff and modern support services, the Independent Drug Monitoring Unit - IDMU Ltd has gained an impressive reputation for providing quality, independent professional services as Expert Witnesses dealing with all aspects of drugs, as well as conducting Research on drug prices and large scale drug user surveys throughout the UK and online, including collecting date on drugs such as the consumption patterns of drugs, medicinal use of drugs. Making IDMU uniquely positioned to provide market analysis, as well as to comment on the valuation and effects of drugs .

In a recent interview founder of the Company, Matthew Atha - BSc, MSc, MB (2), CLB, LRCP (1st), MRCS, Expert Witness Certificate/Bond Salon, agreed to let us in on the secret to the Company’s year-on-year success: “In my capacity as an Expert Witness I am able to draw on the diverse knowledge and experience of most aspects of illegal drugs and drug usage, as well as my time working in an organic chemistry lab which I undertook before studying medicine and psychology at University. These give a firm scientific background and methodology to my approach.

My postgraduate research into monitoring the consumption patterns of drug users led to the annual drug-user surveys which underpin the evidence I provide to the court. This includes drug consumption data from over 30,000 respondents and drug valuation data at different market levels (street/midmarket/bulk) in many cases down to geographical postcode areas.”

A Member of the Expert Witness Institute, the Academy of Experts, together with the Independent Network of Drug Experts (INDEX), Matthew - Director & Principal Consultant, currently attends court on average once a month, although in the past he has on occasion attended court in up to 2-3 cases a week.

The Case Study below is typical of those undertaken by Matthew:

Around 99% of the instructions Matthew undertakes are for the defence in criminal cases; the remainder being a combination of instructions directly by the court, by the prosecution, or in civil cases: “As an expert giving evidence I take seriously my duty to the court rather than the party on whose behalf I have been instructed.”

The most common types of case undertaken by Matthew involve drug valuations, cannabis cultivation (yield, production capacity, valuation, consumption, paraphernalia), drug-driving, or possession with intent (consumption, quality, valuation, paraphernalia).

“We also deal with prison drugs tests (particularly re heavy users of skunk where 30 days is insufficient to clear the system), and mens rea cases (offences committed under the influence of drugs),” Matthew explained, “Our prosecution instructions tend to be for the more obscure substances, most notably steroid valuations for HM Customs.”

When asked the importance of instructing an Expert Witness at the beginning of an investigation/legal case, opposed to asking for an opinion at a later stage of the proceedings, Matthew told us: “Key to many cases is the retention of vital evidence.

A high proportion of our cases involve cannabis cultivation systems where the police are liable to destroy evidence before it can be properly evaluated.

In proceeds of crime applications for cannabis production, in many cases the estimated yields upon which they are based can be grossly exaggerated, however by the time a case has reached this stage in most cases the sample plants will have been destroyed.”

“In a drug-driving case under the new S5A RTA provisions where the blood concentration of drugs exceeded the prescribed limit there was a 3 hour delay between the accident allegedly caused by the defendant and his arrest. On arrest the defendant stated he had taken drugs and alcohol since the crash but before arrest, with the sample (taken a further 3 hours after arrest) found to be positive for cocaine and metabolite but under the limit for cannabis (THC).

By comparing the levels of active drugs and metabolites within the defendants sample, and the typical range of plasma half-lives of the respective drugs, it was possible to establish that the cannabis had certainly been taken after the crash, and that the cocaine (a substantial quantity) could have been taken at any point between 2 hours before and 2 hours after the crash.”

T 0151 438 2326 F: 0151 709 8948 E: legal@idmu.co.uk W: www.idmu.co.uk

KENNETH R. ROSS MB, BS, FRCS

Consultant in Orthopaedics & Trauma & Expert Witness An Expert Witness is a witness, who by virtue of education, training, skill, or experience is believed to have knowledge in a particular subject beyond that of the average person, sufficient that others may officially, and legally, rely upon the professional opinion of the witness about an evidence or fact issue within the scope of their expertise. In cases where a client is claiming for Personal Injury due to negligence on the part of a member of the medical profession, the Medico-Legal Report provided by an Orthopaedic Expert Witness can give vital information that will play a key role in helping to resolve the case to the client’s satisfaction.

Following an education at Worth Abbey, West Sussex, Consultant in Orthopaedic and Trauma Surgery and Expert Witness KENNETH ROSS attended Saint Bartholomew’s Hospital, London University qualifying in medicine and surgery with the MB BS degrees. Deciding upon a career in surgery he continued to pursue his academic training becoming a fellow of the Royal College of Surgeons, London in 1979. Subsequently he entered a higher training programme in Orthopaedic and Trauma surgery, becoming an Accredited Specialist in 1985.

Subsequently, for over 29 years he has worked as a Consultant in Orthopaedics and Trauma Surgery at Eastbourne District General Hospital and the Conquest Hospital, Hastings.

Throughout his career, Kenneth has gained a wide experience practising in both adult general orthopaedics and paediatric orthopaedics. His interests have included trauma surgery, hip and knee replacements, sports injuries, arthroscopic surgery, upper and lower limb surgery as well as spinal trauma. He has been a regional advisor on the Orthopaedic consequences of osteoporosis.

By combining his academic and practical expertise Kenneth has all the necessary credentials to provide an independent, professional service as an Orthopaedic Expert Witness.

Tel: 01323 641221 Email: emails@kenneth-ross.co.uk An Instructor on ATLS Courses (Advanced Trauma Life Support) for the Royal College of Surgeons, Kenneth also acts as an Instructor for ‘potential’ Instructors on behalf of the College.

Kenneth can draw on over 28 years experience acting as an Orthopaedic Expert Witness, during which time he has prepared approximately 300350 medico-legal reports annually, in his capacity as a professional witness, as well as having given evidence in Court, attended meetings with Barristers, and liaised with other expert witnesses in the preparation of combined Joint Statements for the Courts.

A Member of the Expert Witness Panel, Kenneth’s commitment to improve his expertise as an Expert Witness is evident in the many lectures for Medical Experts on Medico-Legal reporting he has attended, together with various presentations of medical evidence. Having completed the Bond Solon course for preparation of Medico Legal evidence, Kenneth also attended updating courses for Medico-Legal reporting, for which he holds the relevant Certificates.

The fact that in the past Kenneth had the privilege to be a Panel Judge for the Prince of Wales’ Award for Innovation in Industry, as well as being appointed Chairman of the Consultants Advisory Committee, Eastbourne and District NHS Trusts and Medical Advisory Committee Chairman for Esperance Private Hospital, Eastbourne speaks volumes as to the high esteem in which he is held by his peers within all sectors of the medical profession.

Therefore, it comes as no surprise to learn that Kenneth has also given Lectures in History of Orthopaedics and General Orthopaedics, Paediatric Orthopaedics, Sports Medicine, Osteoporosis, Whiplash injuries (including lectures to Personal Injury Lawyers), together with a wide range of other topics.

In a recent interview Kenneth told us that 70% - 80% of the cases he undertakes as an Expert Witness are on behalf of the Claimant, for which he is able to offer his services as a single or joint Expert. He added: “The majority of work that I undertake as an Expert Witness is related to clients making personal injury claims for conditions caused through trauma. Some 40% of my personal injury workload results from direct instructions from solicitors, whilst some 60% relates to instructions through Medico-legal agencies.

Increasingly I am receiving instructions from a wide group of solicitors to provide reports in cases of alleged medical negligence.”

When asked how often he had occasion to attend Court as an Expert Witness, Kenneth explained: “As a general rule I only attend Court for one or two cases a year, because the majority of my cases are settled out of court. It is my opinion that settling cases out of Court has become more cost effective and efficient for all concerned since the introduction of the Jackson reforms, which highlighted the need to adhere to Court timetables, as well as the importance of Expert Witnesses receiving the right information from those who instruct them.”

“During my early career, I gained experience across a broad spectrum of orthopaedics, including working as a Paediatric Orthopaedic Surgeon, and this gives me the advantage of being able to draw on a wide knowledge-base within the field of orthopaedics, enabling me to provide a more rounded service as an Orthopaedic Expert Witness.”

Kenneth concluded Kenneth is available to see clients in his consulting rooms at The Seymour Practice, 30 Cumberland Mansions, Seymour Place, London W1H 5TF and 7 Old Camp Road, Eastbourne East Sussex BN20 8DH He is prepared to undertake domiciliary visits when necessary. All postal instructions should be directed to the Eastbourne address.

For further information Please contact the above Eastbourne address Tel: 01323 641221 Email: emails@kenneth-ross.co.uk

Joseph James Alan Miller (BSc (Hons), MSc., C.Psychol, AFBPS) Forensic Pychologist & Expert Witness

T: 08731 855535 | E: alanmiller.1@btinternet.com | E: Alan.Miller@probational.gsi.gov.uk By drawing on over 17 years as a Forensic Psychologist Joseph James Alan Miller (BSc (Hons), MSc., C.Psychol, AFBPS) is able to provide a highly professional service as an Medico-Legal Expert Witness as he explained in a recent interview: “Although formal qualification is important to show that you have the academic prowess as an Expert Witness, I think that experience is very important in the enhancement of standing as an Expert Witness as it is the experience of the area expertise which can give gravitas to the Expert Witness contribution to the court.

I have worked as a Forensic Psychologist for over 17 years, and have 36 years of experience of psychological challenges across a range of settings and with a wide variety of clients. I have conducted assessments and interventions with males and females, adults and adolescents, as well as having undertaken work within prisons, the community and in hospital settings.

I am trained and experienced in the use of a variety of assessment techniques including functional assessment, structured risk assessments and psychometric testing. I have used these techniques when assessing the risk of violence, including sexual violence and domestic violence.

My past experience includes working for the Cambian Healthcare Group, where I was seconded to work with Leicestershire Probation Trust as Clinical Lead to provide consultancy and training for their Personality Disorder Service.

I also worked part-time as a psychologist in the Leicester Partnership NHS Trust with the Community Forensic Mental Health Team.

Within a previous role as Head of Psychology for St Luke’s Healthcare Group I lead a department of Psychologists providing services in Child and Adolescent Mental Health and Developmental Disorder, Adult Developmental Disorder and Adult Mental Health. I was a member of the Senior Management Team of the Company, responsible for providing assessments including Personality Disorder, Psychopathy, Autism Spectrum Conditions, Mental Illness, Developmental Disorder and Cognitive Functioning.

I currently run my own successful company ‘Difficult Lives Consultancy’ which holds a contract with NHS/ NOMS for me to continue as Clinical Lead with the National Probation Service for Leicestershire and Rutland.”

Within his areas of expertise, namely the Assessment of Adults and Adolescents, Mr. Miller undertakes the Risk Assessment of: • • • • •

Risk of violence (including domestic violence &violence towards children) Risk of Sexual Offending Risk of Recidivism Risk of Suicide & Self harm Risk of Arson/Fire Setting

Together with the Assessment, Case Formulation & Treatment of individuals with: • • • • • • • • • • • • •

Personality Disorder (including Psychopathy) Cognitive Functioning Difficulties & Cognitive Deficits Autistic Spectrum Conditions (including diagnoses) Child Pornography Anger Management Problems Alcohol Misuse Medium/High Risk of Reoffending Anxiety & Depression Coping Styles & Abilities Denial of Offending Mental Illness Suggestibility & Compliance Transgender

Outlining the experience he has as an Expert Witness, Mr. Miller went on to say: “I have extensive experience of preparing reports within the Criminal Justice System and in Mental Health settings. I have presented numerous reports in formal hearings, often involving liaison with Solicitors, Barristers, the Parole Board and the Secretary of State’s Representative. I have also had the honour to be designated as the Secretary of State’s Representative.”

Having also been involved in multi-disciplinary working, I have contributed to Multi Agency Public Protection (MAPPA) meetings, providing psychological advice regarding an offender’s potential level of risk and risk management needs within the community. I have also participated and chaired multi-disciplinary case conferences, post treatment reviews and CPA meetings.”

A Chartered Forensic Psychologist, Mr. Miller is an Associate Fellow of the British Psychological Society and Regional Fellow of the Royal Society of Medicine.

In his capacity as an Expert Witness Mr. Miller attends court a few times a year to maintain his skills and is fully conversant with the etiquette required of Expert Witness in Court. Mr. Miller added: “Whilst I have acted for the Defence and Single Joint Expert, I would enjoy the challenge of working with the prosecution.”

Registered with the HCPC as a Practitioner Psychologist, Mr. Miller is an Associate Fellow of the British Psychological Society and a Regional Fellow of the Royal Society of Medicine.

To discuss your requirements for an expert witness please contact: Mr. Joseph James Alan Miller (BSc (Hons), MSc., C.Psychol, AFBPS) 1 Chapel Barn, Grandborough Fields Road, Grandborough, Rugby CV23 8DT

MIKE MARTIN

Mike Martin Mike Martin Associates Ltd T: 01738 633948 M: 07904 060 013 E: mike@mikemartinassociates.co.uk W:www.mikemartinassociates.co.uk

Independent Consultant, Trainer, Researcher, Practitioner, Independent Report Writer & Expert Witness

Mike Martin formed his own company Mike Martin Associates Ltd (MMA) in 2003 to provide professional services as an Independent Consultant, Trainer, Researcher and Practitioner, as well as undertaking commissions as an Independent Report Writer & Expert Witness.

Mike maintains a practitioner base to his work including occasional shifts in a mental health service in West Lothian and a permanent part-time commitment as a service co-ordinator to Perth and Kinross Council’s Out of Hours Social Work service; having acted as a consultant in establishing the latter in April 2010.

In developing MMA Mike works approximately a third of his time as a singleton worker, a third when he brings in specialists to form a team, and a third where he joins with others in their teams.

Specialising in Social and Health Care, Social Inclusion and Quality, Mike has provided his services as an Independent Report Writer & Expert Witness for cases dealing with the following issues:

• • • • • • • • • • • • • • • • • •

Mental Health Tribunal Welfare Guardianship Personal Injury Contested Adoption Contested Care Plan Dementia Planning Appeal Local Authority Complaints Appeal Care Commission Deregistration Appeal Carer Representation Adult Support and Protection Risk of Sexual Harm Risk Assessment Negligence Independent Advocacy Judicial Review Mediation/Complaint Resolution School placement Tribunal

Solicitors have valued the experience and insight Mike can bring not only to his contact with client and family, but also through his familiarity with statutory, private and voluntary organisations as providers of services, and as agencies with duties to assess need and plan for, commission and purchase services.

In the past 7 years Mike has worked with solicitors from 28 firms, mostly in Scotland but also in England and Northern Ireland, including Morgan Law, Cheshire Legal Services, Hughes Walker, Innes Johnston & Co and Ross & Connel to name but a few, dealing with a wide range of issues, as he explained in a recent interview: “Many cases have been linked to mental health tribunal and contested welfare guardianship issues, with reference to clients with either learning disabilities, mental health issues or both.”

Mike has also undertaken work in relation to: contested local authority response to care assessment; adoption proceedings; personal injury (clients and staff); planning application; appeal against Care Commission revocation of registration; complaint resolution; Risk Assessment; Social Work Department Complaints Appeal; and, Education Department school placement appeal.

“In most mental health tribunal cases reports are instructed in relation to the subject of the tribunal, though work has also been undertaken with a focus on the Named Person,” Mike added, “Typically an independent report is written having met with the individual, with family members if relevant, making contact with the range of professionals involved in a case, and having reviewed case papers.

Commissions often extend to include attendance at Tribunal or Court, and research on potential alternative placements.”

Mike has particular interest and expertise in the areas of transitions in life stages and between one service and another, in the interactions between services, and in advocacy for people with impaired capacity. He has skills in service inspection, auditing and monitoring, and for three years his portfolio included work as a part-time locum Officer for the Care Commission (now Care Inspectorate).

An Associate Lecturer with the Open University and amongst other courses Mike teaches law to social work students, and leadership to NHS employees through the NHS Leadership Academy. An SVQ Assessor, Mike specialising in work with people undertaking the Registered Managers Award; with recent independent training commissions he has undertaken having focused primarily on dementia awareness and adult support and protection legislation.

Mike is able to draw on an extensive network of associates, covering a range of professional disciplines, thereby enabling solicitors for whom he is acting to find the right individual to provide independent reports for the case in question. This can operate on the basis of engaging people through Mike Martin Associates, or MMA acting as a broker to identify a contact.

Mike’s impressive academic qualifications include achieving an MA (Hons) in Philosophy and English (Dundee), an MSC in Public and Social Policy (Edinburgh), with his research dissertation on user perspective on service quality, and Diplomas in Social Administration (Dundee) and Social Work (CQSW) (Stirling). As well as undertaking training as a Scottish Mental Health First Aid trainer, Mike has also achieved a Certificate in Management from the Open University.

Combine this with the wealth of practical experience he has gained during his illustrious career and it’s easy to see why so many leading Solicitors are seeking Mike’s professional support as an independent Report Writer and Expert Witness.

Mike holds Membership of a number of professional bodies, including:

• The British Association of Social Workers (since October 1978);

• Social Care Association

(since March 1983 to 2012 - went into receivership late 2012) as well as being registered with

• Scottish Social Services Council (since August 2005)

Flat Lease Extensions & Collective Freehold Enfranchisement Each Side Leasehold receives instructions from solicitors working on cases involving residential Property Valuations, Flat Lease Extensions, and from clients wishing to buy the freehold of a block of residential apartments collectively, known as Freehold Enfranchisement.

The amounts that leaseholders are charged outside of the capital are largely seen as scandalous. When acquiring the freehold of a property known as freehold enfranchisement (including collective purchase of the freehold of a block of flats), the appointment of an expert in the specialised field can be the difference between a harmonious conclusion and a bitter dispute.

It makes perfect sense for leaseholders to take control over the value of their most valuable asset but not at a price which is not cost effective or is unsupportable.

Current legislation ensures that anyone who has the ownership of a diminishing asset of a leasehold home is entitled to a lease extension of 90 years at NIL rent and at any time can collectively buy their freehold as long as legal requirements are met. How they get it and the price they pay is the remit of the specialist valuer.

The Expert's Role Each Side Leasehold’s Managing Director and principal Expert Witness, Roger Nelson acts for any side of a spectrum that includes flat lessee owners on the one side and freeholders or landlords on the other. He qualified in 1978. However, since the mid -90s the need for an expert in leasehold and enfranchisement has become more evident. In 2008, Roger set up his own private company, Each Side Leasehold to deal with this issue solely and today, he specialises in numerous cases.

Discussing his role, Roger explains that “experience is important. As an expert, it is vital to understand both sides of the case and hold full appreciation for the facts and this ultimately enhances the quality of an expert witness.”

Commonly, Each Side Leasehold is instructed to provide an initial valuation and undertake the negotiation process on behalf of their clients. If a solution cannot be agreed and a formal notice has been served to extend or buy the freehold then if this cannot be agreed a tribunal is the natural progression. Cost effectiveness is paramount; costs cannot become the tail that wags the dog!

During a tribunal, Roger will act as expert witness and sometimes as a single jointly appointed expert.

Following the requirements of RICS, he will receive written authority from an instructing solicitor and hold an over-riding duty to the court/tribunal.

In Roger’s experience, over 95% of cases settlements are agreed before the issues reach the tribunal stage. However, the expert does have a monetary responsibility to the client and, if the case is deemed not cost effective in respect of the time it will take, the expert will advise their client accordingly. With this in mind, Roger describes reaching a tribunal ‘as a failure in negotiation.’

“Honesty is integral as every detail will be scrutinised in a court of law. It is also imperative that the expert is absolutely sure not to stray outside of their specialism to avoid vulnerabilities,” - as leasehold disputes can be complex and involve an in-depth understanding of matters outside the expert’s expertise such as statistics, economics or building regulations and costs”- Roger continued.

He describes valuations like a jigsaw puzzle: “All information must be collated to fit the puzzle and I will give my opinion based on the complete jigsaw puzzle,” he explained. “It is impossible to know absolutely all the facts, until they are confirmed by other sources; an expert’s report and opinion should be based solely on the evidence available and not on any pre-conceived idea”

Part of a Team.

The frame of mind and expectations of both the expert and client is important. The expert should make the client aware of any limitations to the case as early in proceedings as possible, whilst also being careful when giving advice which may become discoverable to the other side. The “discovery” of this advice when the case comes to trial could be detrimental to the outcome and, ultimately decrease the credibility of the expert for future instructions.

Commitment to the Court Her Hon Hazel Marshall QC a former Senior Chancery Judge who has now retired once advised practitioners to ‘not look at the evidence to feed a pre-conceived opinion’. A piece of advice that has structured the way that experts conduct their business on a day-to-day basis, striving to maintain an objective view so as not be accused of being bias to either party.

Roger Nelson has acted as an expert witness on value scenarios; and as a joint expert witness on cost issues raised within the housing and leasehold sector. He explains that “The aim, is to thrash out the case with the other experts involved using the full information and an appreciation of the opinions of other experts.”

The Association of Leasehold Enfranchisement Practitioners (ALEP) comprises valuers, solicitors, barristers, managing agents and project managers was founded in 2007 from which time Roger has been a full member.

This organisation of 180 members promotes best practice and is made up of practitioners experienced in this field who adhere to an agreed level of conduct and service. Roger says “that ALEP goes right to the nub of what an expert is all about that is being part of a team”. They hold two conferences each year; act as an information source for the general public as well as lobbying the government on anomalies and inconsistencies in leasehold reform legislation.

They recently met the Ministry of Justice on the government’s proposals to increase fees for First Tier Tribunals, which if implemented on cost grounds would effectively remove the statutory right of a lease extension or collective purchase to a flat owner in lower value areas outside London.

Roger also speaks at meetings of the Leasehold Forum, a discussion group of practitioners similar to ALEP and last year at Continuing Professional Development meetings organised by the profession The Royal Institution of Chartered Surveyors

T:0800 902 0466.

T:01737 237 811 E:info@eslease.com W:www.eslease.com

Griffin Forensics eForensics and Data Recovery

Griffin Forensics Experts in Digital Investigations and Data Recovery Founded in November 2006 to provide high quality, cost effective and jargon-free digital investigation and data recovery services, Griffin Forensics celebrate their tenth year of trading in 2016.

Today, the company's core services still involve digital investigations and data recovery with expertise in computer forensics, mobile phone analysis, CCTV analysis and forensic date recoveries. Griffin Forensics' team of data recovery experts have the experience and expertise to recover data from hard disk drives, tapes, CDs and DVDs; USN Thumb and Flash drives. The company receive regular instruction from solicitors, law enforcement agencies including Police Forces and Trading Standards; and home users.

Data recovery is the process of salvaging data from damaged, failed, corrupted, or inaccessible computer storage media if it cannot be accessed normally. A recovery may be required due to physical damage (such as failed electronic components, water/flood damage, fire/smoke damage) or logical damage to the file system caused by bad or unreadable sectors or firmware corruption that prevents the user from accessing the stored data.

Data recovery involves a range of crafted techniques.

These techniques are highly technical and require a high level of skill and patience; data recovery jobs can take days or even weeks for a successful outcome.

Many cases now contain multiple digital exhibits and with this comes a wealth of data.

Data that may be identified or recovered from digital media can include documents, log files detailing usage, registry records, Internet history, pictures, videos, dates and times, e-mails and temporary files.

The data available from mobile phones is similar to that from other digital media.

Cases rarely have CDs in investigations now however one CD holds in excess of 100000 A4 pages of single sided raw text (numbers and letters); six CDs (640 megabytes (MB)) will fit on to a DVD (4.7 gigabytes (GB)) and USB flash drives can store 1000 GB / 1 terabyte (TB). With these quantities of data, the support of a digital examiner is very important. An expert who can conduct searches for specific words or phrases to relatively quickly identify relevant files or data.

Griffin Forensics prepare technical reports and statements for use in court and give opinion on reports submitted by other experts. The company's team of experts are accredited in the UK Register of Expert Witnesses, Waterlow's Expert Witness Register and The Expert Witness Directory Instructed as computer forensic expert witnesses in investigations involving terrorism offences, murder, rape, theft, fraud, money laundering and IP theft to name but a few; acting for both defence and prosecution clients. Griffin Forensics also take instruction in civil proceedings.

Griffin Forensics' Forensic Director, Chris Watts served as a Royal Air Force Policeman for 23 years and, during this time was involved in the investigation of computer misuse and computer security breaches.

He also introduced a formal computer forensic capability into the RAF and continued to be the main investigator until he retired in 1999.

Chris has undertaken training in computer data recovery techniques, computer auditing, computer security, computer forensics, computer investigations, computer viruses and computer maintenance from both military and commercial sources.

As an expert witness, Chris has accepted computer forensic instruction for the defence and for the prosecution and is an experienced Single Joint Expert.

T: 01280 707 190 E: info@griffinforensics.com W: www.griffinforensics.com

T: 01403 752 418 M: 07833 431 013 E: claire.berrington@integrityafs.co.uk w:www.integrityafs.co.uk We pride ourselves that our reports can be readily understood by non-accountants and culminate in a clear statement of our opinions on the issues which we have been instructed to address. Fees vary depending on the nature and size of each case and will always be fully quoted before taking on any assignment. We are always willing to discuss any matter informally with instructing solicitors and counsel, without charge or obligation.”

The Company is particularly active in criminal cases including:

CLAIRE BERRINGTON - BA(Hons) FCCA, MEWI Integrity Accounting & Forensic Solutions Ltd In this day and age its refreshing to find a professional organisation that still holds fast to traditional values such as Integrity....

Quality....Reliability...... yet that is exactly what you can expect from Integrity Accounting & Forensic Solutions Ltd, a forward-thinking Company offering Accounting & Forensic Accounting Services.

Backed by a highly experienced team and the latest in modern support systems, Integrity AFS is run by founder of the Company Claire Berrington who qualified in 1996 and brings with her a wealth of practical and technical experience having been in a practice for over 25 years.

In a recent interview Claire agreed to let us in on the secret to the Company’s success: “Having worked for the Inland Revenue in a “previous life”, I therefore gained a unique insight into how the ‘other side’ thinks, giving my clients the opportunity to benefit from this knowledge and experience.

Operating in a niche market, the preservation of our first class reputation is supremely important to us.

Accordingly, I personally monitor all work undertaken by the Company, to ensure that it is of the highest standard.

In our view this is the single most important determinant of quality control.”

Having qualified in 1997 as a Chartered Certified Accountant, going on to become a Fellow (FCCA) in 2002, Claire is also a Member of the Expert Witness Institute.

“I believe to hold yourself out as an expert you need to know and understand your subject well and fully understand the case you are working on. I have been involved in forensic cases for over 15 years and have spent the last 10 years specialising in forensic accountancy.

We carry out legally aided and privately funded cases and where appropriate will prepare without charge an initial exploratory report, indicating our understanding of the nature of the case, the relevant issues and the work we propose be undertaken.

Commercial fraud; Evasion of duty & VAT; Carousel fraud; Confiscation orders and Theft.

Together with civil cases including: Partnership disputes; Matrimonial disputes; Director disqualifications; Loss of profits and Personal injury.

“Part of the roll is to provide detailed explanation in a clear and precise manner and in language that a jury will understand,” Claire explained, “This is particular important in complex fraud cases, you therefore need to not only know your subject matter but also explain it without the jargon.”

When asked about the importance of instructing an Expert Witness at the beginning of an investigation/legal case, Claire had this to say: “There may be a number of components of a particular case, several different offences, or as is often the case with POCA, issue regarding criminal benefit, available assets etc. An expert’s involvement at an early stage will give opportunity to agree a number of matters, in fact in particular in POCA cases, enable agreement prior to trial thus avoiding court time.

Furthermore, when as an expert the evidence is reviewed it may be appropriate to obtain further material, i.e. copy cheques or accounting evidence, all of this can take time, so the more time there is before the trial, enables us to provide the highest quality of service possible.”

Whilst undertaking court work throughout the UK, presenting evidence, providing comprehensive strategic advice regarding the testimony of other experts and witnesses, Claire still acts for a small portfolio of accounting and tax clients.

Never one to rest on her laurels Claire remains committed to further develop her knowledge-base, as she explained: “ I consider extremely important to maintain my continuous professional development, thereby keeping me up-to-date with current practices and law, in particular various case law regarding POCA.”

As you would expect from such a quality-conscious organisation Cedarwood Tree Care has achieved the following

CEDARWOOD TREE CARE Consisting of a team of professional Arborists, headed by founder of the company Mark Chester, Cedarwood Tree Care has achieved an excellent reputation for providing highly professional Consultancy work and Expert Witness Reports, as Mark outlined in a recent interview: “We provide help and support with planning permission applications, BS5837:2012 tree reports, tree Expert Witness services and Tree Preservation Order disputes. We also provide a large number of additional services for people encountering tree problems or in need of tree advice, including mortgage reports and insurance reports for trees and site development surveys for building sites with trees.”

By drawing on his academic training, which led to him achieving the Cardiff University Law School Bond Solon Civil Expert Certificate, together with his vast practical experience as a lead Arborist, Mark holds all the credentials necessary for him to provide Expert Witness support for court cases and tree disputes, including Tree Preservation Order breaches and compensation for tree damage. A recent case summary described Mark as "a very impressive and authoritative witness".

Trees and Development: Trees can be an asset to many developments, with careful management. Indeed, they can often enhance developments. However, the sooner we can visit a site and assess the trees the better. Correct identification is important; with one development, the site layout had been designed around a tree of local importance. The problem was that the tree was in a different position which required a redesign. There are a range of solutions to enable trees to be retained.

However, we do need to be involved in the design of the site as early as possible.

Tree Preservation Orders:

Avoiding Costly Mistakes These documents have been part of the planning framework since 1947. They protect trees in the interests of the local amenity. They are a valuable tool. Care is needed to avoid costly mistakes.

When a new TPO is served, affected parties have a limited time to raise any queries or objections.

Errors and omissions can occur. This is an important opportunity to ensure accuracy before the document is confirmed and made formal. One client we helped had a garden backing on to woodland. There was no concern when a TPO was served on the neighbouring land, with a reassurance from the tree officer that the garden would be unaffected.

Our client didn’t check the document for accuracy and it was subsequently confirmed without any change. It was only later, when restoring the garden, it arose that the boundary of the woodland had erroneously been marked to up to a brook running through the garden. Consequently, the self-set trees which now colonised half of the garden were protected.

It helps to be informed. With one site, working with non-specialist planning officers, the possible presence of veteran trees, which are afforded more space within a development, was cited as a reason to refuse permission to develop the property. Using our technical knowledge, we were able to demonstrate that best practice was being applied and the trees in question were not veterans. With specialist guidance on how to develop around trees being retained, permission was soon granted.

Finally, a case where good intentions nearly back-fired.

We were working with a client seeking to regenerate an abandoned site. The site is within a national park, and so subject to greater scrutiny than would normally be the case. An avenue of Alder, a quick growing tree which can tolerate quite harsh conditions, had been proposed for the main thoroughfare to the site, also fronting a row of apartments. These trees are excellent for impact, but their dense foliage, causing shade, makes them unsuitable for settings near to residences. This was a case of right tree wrong place.

Fortunately, we were quickly able to reassure the planning professionals that this proposal would not be in the final submission, and Alders were selected for other parts of the site..

TO DISCUSS YOUR INDIVIDUAL NEEDS FOR A TREE EXPERT WITNESS CONTACT:

Mark Chester CEDARWOOD TREE CARE

T: 01981 570 420 M; 07888 838 360 E: mark@cedarwoodtreecare.co.uk W: www.cedarwoodtreecare.co.uk

Mr Jack Lancer

Whist many of the cases for which Mr. Lancer has provided a medico-legal report have resulted in a settlement, around 5-10% of cases of NIHL will fail due to well-preserved hearing, or other disease processes having been responsible for the symptoms.

Mr. Lancer also assesses investigations and writes medico-legal reports where negligence has been alleged in everyday clinical practice, especially with regard to operations and their complications relating to ear, nose and throat conditions, and how these problems affect the individual.

A Consultant Surgeon with a special interest in otology and rhinoplasty, MR JACK LANCER is able to deploy the vast experience he gained over the 35 years he worked within the NHS, to provide a professional and knowledgeable service as an Expert Witness; dealing with cases involving otology (ear disease), rhinoplasty including ‘nose jobs’, and most other aspects of general and routine ENT. Mr. Lancer's comprehensive training in the NHS saw him accepting posts in Sheffield, Cambridge and Zurich, as well as in Rotherham and Doncaster, where he worked as Consultant Surgeon. Appointed as a Consultant ENT Surgeon in 1988, Mr. Lancer held the position of Senior ENT Consultant in South Yorkshire prior to retiring from the NHS in 2013.

With 26 years experience of medico-legal practice, Mr. Lancer has written many hundreds of reports each year, as well as attending court approximately 4-6 times a year. Practicing mostly at Thornbury Hospital in Sheffield and Park Hill Hospital in Doncaster, Mr. Lancer strives to offer a short waiting time for an appointment.

Since his retirement from the NHS, Mr. Lancer has been able to concentrate on his Private Practice, as well as accepting instructions for medico-legal work, the majority of which relates to noise induced hearing loss (NIHL).

Cases for which Mr Lancer has accepted instructions in the main involve individuals that have operated in and around 'high noise levels' for much of their working life.

When a claim is made, the Solicitor will conduct checks to ensure the claim is genuine and that the defendant company or insurance policy still exists.

Medical records are then checked and, if no previous issues are raised and there is a reasonable likelihood of success in the case, an expert in noise-induced hearing loss is instructed.

If requested to take the case, Mr Lancer will make an appointment with the individual, in order to conduct a hearing test and write an independent report. If areas of contention can be agreed with the defence, should one be instructed, the case may be settled out of court by means of compensation, but if not, the case may proceed to court.

Some cases involve personal injury claims as the result of an accident, for instance, car accidents where an individual has resulting deafness, nasal facial injuries or whiplash, which can lead to other ear problems such as tinnitus (noises in the ears and/or head).

In many cases, defendants may deny either the facts of the hearing loss and tinnitus or its causation, and therefore examination by an expert is essential.

It is possible to claim many years after the noise exposure was first experienced, although this will be subject to limitation issues, where an individual is expected to make a claim within 3 years of the date of knowledge, i.e. making the association with, for example, hearing loss and noise exposure.

ENT Consultant & Expert Witness

Predominantly providing his services as an Expert Witness within Rotherham, Doncaster and Sheffield, Mr. Lancer is also prepared to travel for prearranged industrial deafness case appointments within a 150 mile radius.

THE IMPORTANCE OF DIRECT INSTRUCTION? Other intermediates and agencies that collaborate with solicitors on the need for Expert Witnesses do exist, and do serve a useful function. Solicitors will pay fees to these agencies which offer their own advantages aside from instructing directly through solicitors. Each solicitor will decide on the most appropriate method of instruction depending on the circumstances of individual cases.

INDUSTRIAL DEAFNESS: With the exception of the music and entertainment sectors, Controls of Noise at Work Regulations are in force to ensure the hearing of those working within a noisy environment is protected.

Despite this, there continues to be a steady flow of cases regarding noise-induced hearing loss caused by noise at work.

Noise induced hearing loss is usually described as 'damage to the inner ear structures due to repeated exposure to loud noise over a period of time.' It occurs when the sensitive hair cells inside the cochlea become damaged, resulting in a sensorineural hearing loss. The cells will not usually repair or replace. Problems usually develop gradually but are most severe following exposure to high frequency sound. The resulting hearing loss, centred mostly at the frequencies of 3, 4,and 6 KHz, tends to be similar in each ear and will inevitably get worse if the individual continues to be exposed to the noise.

Individuals can also experience sudden hearing loss due to exceptionally loud noise, such as an explosion, which is known as acoustic trauma. Exposure to sudden and continuous noise can cause tinnitus, which results in the individual hearing sounds such as ringing, buzzing or whistling - the common link being that the sounds perceived do not have an external source.

Tinnitus can occur suddenly or very gradually. For some, the condition can be temporary, for example after a music concert, however, continued exposure to loud noise may make it permanent.

Although symptoms can take several years to develop, legal action should be taken swiftly once a problem has occurred as individuals will have limited time to make a claim (3 years to the date of knowledge that hearing problems are linked to an industrial career in noise).

MR. JACK LANCER T: 01777 817 160. E:jacklancer88@gmail.com

The Expert

Cardiac sports screening is a difficult path to tread...

In a growing area, with potentially high stakes on both sides and difficult judgements to make; professional sportsmen and women (and amateurs competing at a high level in sport) are often screened in advance for underlying cardiac conditions that might put them at risk of sudden death or other problems associated with high level physical exertion.

Most of those screened are young and set to embark on a career in sport. The screening aims to identify inherited or congenital conditions such as cardiomyopathy (heart muscle weakness), heart rhythm problems, or rare abnormalities of the coronary arteries that might affect participation in sport.

Cardiac assessments rely on the individual’s history (including family history), but particularly on diagnostic testing, especially electrocardiography (ECG), exercise treadmill testing and cardiac imaging.

This is a difficult area clinically as there is considerable overlap between cardiac changes due to athletic training (termed ‘athletic heart’) and those due to cardiomyopathy – both can result in larger hearts with thicker walls, and both can lead to similar changes on the ECG. Differentiating the two (healthy changes from pathological hearts) requires an accurate knowledge of what is the normal in an athletic population, what features that are clearly abnormal, and (for the majority of findings that occur in both healthy and pathological states), the probability that a particular finding suggests a pathology.

The consequences of the assessment for both the doctor and athlete are extremely high : the athlete needs to be protected from unnecessary risk; if there is a cardiomyopathy/other cardiac condition, which could have severe consequences if they continued with professional sport. On the other hand, overdiagnosis of a pathology (i.e. being too defensive) could result in the termination of a career as a sportsstar that is potentially worth millions of pounds.

Understandably, significant anxiety can occur in the athlete on the cusp of signing a professional contract after years of training, and good communication and sensitive handling are required. Some athletes are reluctant to be tested, for fear of a bad result, and sceptical of the outcome. To add to the pressure, a professional athlete that collapses while participating in sport (which is often televised) can generate huge media and public interest, as several high profile examples can testify – a notable example of this is Fabrice Muamba (the Bolton Wanderers footballer who survived a cardiac arrest during a game against Tottenham Hotspur in 2012). Thus, a robust and accurate approach is required for the cardiologist undertaking an assessment (usually as a result of an initial screening test being abnormal).

T:01865 234 571 E:saul.myerson@cardiov.ox.ac.uk

Case Example: 1) An example of the correct approach involved a rugby player who was tested prior to signing for a professional club, and a cardiac MRI scan confirmed clear evidence of hypertrophic cardiomyopathy. This would halt his career in sport altogether, and he was keen for the result to be kept confidential. The club however refused to sign a contract without the results of the scan, and he eventually gave permission for the result to be divulged. As predicted, it resulted in the termination of his planned career (with understandable distress on his part), but may well have prevented his sudden death during a game, and he has subsequently received an implantable defibrillator to protect him from lethal heart rhythms. In a separate and conflicting case, a professional footballer for a premier league club had an abnormal ECG but normal cardiac imaging. His likelihood of a cardiomyopathy was higher than the normal population but still low (<10%), and he was allowed to continue playing. However, an appropriate consultation with him did not occur, and the abnormalities and potential risks were not discussed with him, denying him the opportunity to consider his options which included detraining for a period of time to see if the changes resolved.

Unfortunately the individual suffered a cardiac arrest in his first professional game and although he was resuscitated, he suffered significant neurological damage and required lifelong nursing care subsequently. The athlete’s family won a high court case for compensation and ongoing care costs, based on the club’s failure to implement an appropriate process for assessment, and the failure to communicate with the player, preventing his ability to make an informed choice.

Saul Myerson MBChB, MD, FRCP, FESC

Cardiologist & Expert Witness Prof. Saul Myerson is a cardiologist based at the Oxford University Hospitals NHS Foundation Trust in Oxford. His specialist areas involve diagnostic testing, particularly advanced cardiac imaging. Prof. Myerson also holds an international reputation for cardiac magnetic resonance imaging and is often consulted about diagnosing particularly difficult cases/diagnoses, and asked to identify the causative processes involved.

Mostly receiving direct instruction from lawyers; Prof. Myerson has acted on behalf of both defence and prosecution in the Court of Law and is also happy acting as a single joint witness. His assessments and reports are always objective and focussed on best medical practice. Detailed and objective reports allow for an informed discussion between legal teams, so that a settlement can be reached, usually avoiding court costs.

W:www.oxfordcardiologist.com

Dr Andrew St. Clair Logan (MB B Ch B FRCA FFPMRCA)

Consultant in Pain Management & Expert Witness A Fellow of the Faculty of Pain Medicine of the Royal College of Anaesthetists (FFPMRCA) Dr. Andrew St. Clair Logan (BA Hons (Cantab) MBChB FRCA FFPMRCA) provides services as a Pain Management Consultant at the Countess of Chester NHS Trust, Nuffield Health Chester; the Grosvenor Hospital Chester and the Spire Hospital Warrington.

Having recently diversified the services he provides to include acting as an Expert Witness in cases involving pain relating to injuries received in an accident, it comes as no surprise to learn that Dr. Logan is now also achieving an excellent reputation in this new arena.

A chartered Member of Institution of Civil Engineers and the Chartered Institution of Highways & Transportation, Dr. Logan’s experience as an Expert Witness has to date been primarily involved acting for the claimant in civil cases; with most of these being settled out of court: Dr. Logan added:

In a recent interview I asked Dr. Logan how he felt his practical experience and academic training enhanced his standing as an Expert Witness?

“An Expert Witness must be credible and competent.

As a Chartered Engineer I have been accepted into the Institution of Civil Engineers and the Chartered Institution of Highways and Transportation. This was however, only really the start of gaining experience.

This has involved hands on practical design and management experience, and formal and informal learning. Each project has had its own particular demands, and developed that experience further.

Sometimes necessary to work in new fields, or take on new responsibilities. Each project stretching that experience a bit further. While learning never actually stops, there is a transition from primarily being led and learning, to primarily leading and teaching.

When a ‘critical mass; of experience is obtained, one becomes an expert in a field, but being an expert does not mean stopping learning or developing. In fact becoming an expert in your field can actually increase the need to maintain that status through learning and experience. There is also a difference between being an expert in one’s field, and being an expert witness. The skill sets are different, and an expert witness has to be apply a legally very thorough and forensic approach that is not necessarily second nature to a practitioner. What may seem obvious to a practitioner will not be to a barrister, and it can be deflating to see what one thinks as being cast iron being shredded by an incisive legal mind.

“Having appeared in court acting as an Expert Witness for an arbitration case and given evidence at Public Inquiries, as well as having prepared evidence in chief, in addition to expert reports, I am fully conversant with the formalities expected should a case go to court. When acting as a Witness of Fact for construction disputes, I had the opportunity to develop some familiarity of the process, as well as being able to draw on my formal training and accreditation in Expert Law and Practice, Report Writing, and Witness Familiarisation.”

As a senior professional, it is sometimes necessary to find out what went wrong with a project. This is good experience for a prospective expert witness.

Findings must be supported by facts, evidence needs to be carefully sifted and examined, and conclusions reached after deliberation. For anyone involved in the construction industry, contractual disputes provide good learning in analysing the contract, establishing the facts, and reaching an evidenced conclusion. If unfortunately those disputes proceed to adjudication or arbitration further good experience in legal processes and witness statements is obtained.

As a trainer in highway design I have to be an expert in the subjects I teach. Writing training material and preparing courses has brought to my attention ideas and topics that as a practitioner I had perhaps not dealt with, or had a different view of. This has been very useful in expanding knowledge.”

Dr. Logan strongly believes in the importance of instructing an Expert Witness at the beginning of an investigation/legal case, as opposed to asking for an opinion at a later stage of the proceedings.

FOR FURTHER INFORMATION PLEASE CONTACT: Dr Andrew St. Clair Logan MB BChB FRCA FFPMRCA Nuffield Health The Grosvenor Hospital, Wrexham Road, Chester CH4 7QP Tel Mobile: 07791681278 Secretary Sharon: 07763783601 Fax: 01244 851 278 Email: andrew.munro@munro-consultants.co.uk

The cases outlined below are typical of those undertaken

by Dr. Logan in his capacity as an Expert Witness: • “I appeared in an arbitration for the claimant concerning performance of a contract to construct an access road in difficult soil conditions. My report considered the difficulties of constructing the access road, but considered that given the purpose of the track for agricultural vehicles it was feasible. I do not recall the outcome, it was some years ago.”

• “I provided two reports for the claimant on the matter of failed surface dressing. The dressing had in my opinion been applied at the wrong time of year and had failed as a result. The defendant argued that poor drainage was responsible, but I considered that this was not of significance – the wetting of the road due to heavy rain was the cause, not drainage. It was settled out of court in the claimant’s favour.”

• “I provided a report for the claimant concerning a motorcyclist injured after encountering a pothole.

After considering maintenance records it appeared that this was a known defect that had previously been repaired, possibly badly.”

Kathryn Thorndycraft-Pope

Handwriting and Signature Authenticity

K

athryn Thorndycraft-Pope has been working within handwriting forensics for twenty-five years, initially with the Grampian Police Force and, in the last fifteen years, as an Independent Forensic Document Examiner from her office in Aberdeenshire.

As a trusted expert, the majority of cases that Kathryn receives instructions on include questioned signatures on Will disputes, leases & contracts, multiple/second mortgage applications, guarantees etc. This year, Kathryn has provided reports for drink-driving offences whereby the accused denies that their signature is on the form (i.e. not agreeing to the blood test). She has also worked on several handwriting cases in the past focused on the letters involved in attempted murders.

A Forensic Handwriting/Document Expert becomes involved when the authenticity of a document is in question.

For instance, when a Criminal Defence Lawyer or Lawyer specialising in family problems has a divorce case to deal where a loan has been taken out with the joint property as security or sometimes a second mortgage. One party knows nothing about this but the other partner has simulated their signature to secure the money. The expert will then have to prove whether or not one of the signatures has been simulated or if in fact, are genuine signatures which appear on the agreement.

This example is a common occurrence in Kathryn's work.

Case examples: Case Examples The consequences of expert witness casework often involves a case going to Court and, depending on the severity or amount of the actual fraud, could be punishable through Community Service, a large fine or up to 25 years imprisonment.

Discussing her role, Kathryn explained: â&#x20AC;&#x153;I need, whenever possible to examine the original documents but often only a photocopy is available, which I can use as 'best evidence' but does affect my conclusion. I have to meet up with the clients and obtain their formal handwriting samples and also a quantity of 'known' everyday signatures as found on passports, driving licences, store/ credit/debit cards etc.â&#x20AC;?

This enables Kathryn to establish a persons 'natural variation' as no one can write exactly the same each time they write. Kathryn will then draw out and note all the formations, heights, widths, layout, slope, use of punctuation and even items such as the crossing of 't' dotting of 'i' of the 'questioned' and the 'known' writings comparing them to establish whether or not they are genuine or a possible simulation.

If the possibility of simulation is evident and there are key signs such as tremor, hesitation and tracing; Kathryn will take photographs of the evidence and prepare a Forensic Science Report and if appropriate, an Illustration describing her findings for use in Court or during industrial tribunals.

A large case Kathryn was involved with in the last year involved Car Hire Documents, where the expert was able to prove all details and signatures had been forged. This was a case involving two large drugs gangs in Scotland chasing each other; one in a hired car from which a gun was fired at the other car - which ended up as a murder case. Kathryn was able to prove that her client was not involved after she attended a prison to obtain his handwriting samples - four other people in this case were each given 25 years in prison.

In another interesting case, Kathryn was asked to investigate a case of fraud that took place in Nairobi, where a gentleman died and the only person present was his girlfriend who had emptied the house and sold it, possibly by forging his signature.

The time frame to undertake these examinations can vary. A single signature fraud usually takes about 7 hours to undertake all as mentioned above. However, Kathryn's caseload is very large so, when a case is received, she can usually complete and return a report within a month - often depending if it has a Court date.

As a Certified Document Examiner, award-winning Kathryn is a Member of the Expert Witness Institute and a Member of NADE - National Association of Document Examiners, and as such regularly attends the annual NADE Conferences usually held in the USA & the Worshipful Company of Security Professional in Inner City of London

For further information, please contact Kathryn Thorndycraft-Pope CDE MEWI FHDI (Forensic Handwriting & Document Investigation) T:+44 (0) 1569 764 508, M:+44 (0) 7710 655 838; E:kt@fhdi.co.uk W:www.fhdi.co.uk

www.miasconsultants.com

ELECTRONIC VEHICLE SWEEPS:

With the rise in crime and ever increasing threat of terrorism, it's little wonder that SECURITY has become the 'buzz word' of the 21st Century; instigating businesses and private individuals to seek professional support to ensure their premises are safe and secure.

Mias has experience of a wide range of investigation including traditional laboratory based forensic analysis, network forensics, covert monitoring, live and memory forensics and mobile phone factor forensics.

As a proficient countermeasures operator, Mias Consultants Ltd has invested considerable expense procuring the highly specialized equipment needed to detect the ever changing array of listening devices, as Ian Sweeney, the company's Operations Director explained in a Technical surveillance countermeasures (TSCM) involve recent interview: the skilled use of specialist equipment which enables a comprehensive physical investigation of a sensitive area "There are countless private detectives offering and an analysis of the electro-magnetic spectrum to take spy bug detection services for £199.99, and place. numerous spy shops and spy stores keen to This investigation will neutralise the threat posed by sell their ‘black box’ bug detectors’. However, eavesdropping devices or electronic bugs which may there are only a handful of professional TSCM have been located near to a specific target area. Having teams in the UK equipped with in the region of completed this rigorous process, Mias Consultants will £100,000 worth of dedicated search kit and Mias make a specific, tailored recommendation to enhance the Consultants Ltd is one of these companies." client's overall security.

ELECTRONIC BUG SWEEPS CONSISTING: • • • • • • • • •

Conduct a near field analysis Conduct an analysis of the full electromagnetic spectrum Conduct a thermal spectrum analysis Ensure the integrity of all telephone targets Ensure that unauthorised transmitters running on ac mains currents are not in situ Conduct a thorough search for the presence of hard wired microphones and cameras Search for dead and dormant transmitters Conduct a full physical search X-ray all suspect objects

By drawing on the experience and expertise in automotive electrical and radio engineering, the Company's specialists in the area of vehicle search are able to provide a consultation service with a focus upon the physical and operating security arrangements in use around corporate vehicles.

As you would expect from such a quality-conscious organisation, Mias is fully insured and its' operatives and equipment meet all relevant international obligations and requirements to enable safe and secure communications in any road going vehicle in any global location.

The high esteem in which the company is held within the Security Sector is further highlighted by the fact that Mias recently announced the company had formed a new partnership with Security Drivers International Ltd. This prestigious contract requires Mias to conduct regular sweeps for tracking and listening devices on every SDI vehicle in the company's fleet; thereby protecting the client's privacy and high value goods whilst being transported throughout the UK and Europe.

ELECTRONIC YACHT SWEEPS:

Today’s yacht is a very high-specification vessel fitted with the latest integrated technical systems. One of the many invaluable services offered by Mias Consultants is specifically designed to support the owners, of yachts, yacht management and chartering companies and relevant crew and personnel services companies from conception to commissioning of the yacht through to meeting the confidential commercial and operational requirements whilst the yacht is at sea.

ELECTRONIC PLANE SWEEPS:

Corporate aircraft of all sizes are frequently used as mobile offices and meeting rooms when airborne, or static on the ground, often at low-profile airfields with little or no effective security.

In addition, many corporate aircraft are chartered or leased, in which case, both the aircraft and environments are vulnerable to the placing of electronic eavesdropping equipment that can be disguised as normal electronic and avionic equipment.

Mias Consultants has the experience and know how to carry out specialised searches on an extensive range of corporate aircraft.

Whether commercially or privately if you have concerns that your communications are under attack or have been compromised by an unauthorised device at your home, your office or your vehicle, we are able to alleviate those fears by conducting a full TSCM sweep.

The dedicated team at Mias offer a specialist service in Digital Forensics, through which the company is able to provide clients with an intelligence-led approach to incidents and investigations, allowing them to take effective, corrective action to safeguard information and systems.

Mias also offer an Investigation & Advisory Service, providing a full IT investigation using appropriate experts in gathering, analysing and presenting digital evidence. When necessary, specialist tools and equipment can also be deployed to conduct investigations covertly.

Investigation of Computer Misuse or Breaches of Acceptable Use Policies (AUP) These services typically involve the investigation of a particular member of staff and abuse or misuse of company resources. During such investigations, the company's team will analyse data from a wide range of digital devices including mobile phones, laptops, desktop systems and servers, to detect and secure evidence of the misuse.

The last word goes to Ian: "Forensic investigation of hand held device forensics was once the domain of law enforcement and the security services, but this is no longer the case; with the forensic analysis of these devices being a key component of any investigation.

As awareness of the importance of this type of evidence increases, so too does knowledge of the admissibility of this data and how it was obtained. "

MIAS CONSULTANTS LTD Suite LP23176, Lower Ground Floor , 145-157 St John Street, London EC1V 4PW Tel: 0207 781 9247. Skype: miasconsultants. Email: info@miasconsultants.com

DR. MICHAEL BONE BSc (Hons), MB, DCH, FRCP

Consultant Physician & Expert Witness Able to draw on over 25 years as a Consultant Physician, Dr. Michael Bone is currently undertaking the post of Consultant Physician at Tyne and Wear Private Spire Washington Hospital.

chronic obstructive pulmonary disease.

Here he specialises in Lung; Rheumatoid; Sarcoidosis; Asthma; Chronic obstructive airways disease (COPD); Chronic cough; Sleep related breathing problems; Tuberculosis; Lung cancer occupational lung disease; Respiratory infections and Interstitial lung disease sarcoidosis. He also has extensive general experience in hypertension, exercise, hysiology and post myocardial infarction rehabilitation. He is the clinical lead in TB, asthma and chronic obstructive pulmonary disease.

For the past 10 years in this local area Dr Bone has offered clinical allergy and respiratory services; having particularly developed expertise in asbestos related lung disease and medical thorascoscopy. Dr. Bone also offers allergy diagnosis management and treatment including desensitization as necessary, as well as being one of the few specialists outside London to perform total lung lavage.

Chronic obstructive airways disease (COPD)

Not only does Dr. Bone provide specialist treatment in all types of allergy including food allergies, nut allergies, rhinitis ( hayfever),asthma, drug allergy, latex allergy, wasp and bee venom allergy, urticarial ( hives), angioedema ( swelling) and eczema, but he also performs highly specialist work in the areas of general anaesthetic allergy, drug challenges, food challenges and immunotherapy.

This extensive practical experience, combined with his academic training, which led to him achieving recognised qualifications including BSc (Hons), MB, DCH, FRCP, give Dr. Bone all the necessary credentials to provide a professional, independent service as an Expert Witness.

Dr. Bone is a membership of a number of leading professional, national and regional bodies including British Society of Clinical Allergy & Immunology; British Thoracic Society; British Hypertension Society; European Respiratory Society and Royal College of Physicians.

FOR FURTHER INFORMATION PLEASE CONTACT:

Dr. Michael Bone Tel: 07545587004

Leading Medical Expert’s Validity Questioned in Landmark Tribunal An Medico Legal Expert Witness is a witness, who by virtue of education, training, skill, or experience, is believed to have knowledge in a particular area of medicine beyond that of the average person, sufficient that others may officially, and legally, rely upon the witness in court. However, sometimes the validity of even the most senior Medico Legal Expert Witness is called into question and, in such cases, an MPTS tribunal will take place, which could have far reaching consequences for the Expert, who, in the worse outcome, could find themselves struck-off the Medical Register. Such a high profile case is at this moment taking place in Manchester, where the Medical Practitioners Tribunal Service (MPTS) is hearing evidence on Dr Waney Marian Valerie Squier to decide if the doctor’s fitness to practice is impaired.

Dr. Waney Squier’s tribunal is a landmark case and if found guilty this judgement could have repercussions affecting a great many other Expert Witnesses dealing with the suspicious infant deaths.

Comprising medical and non-medical people appointed to inquire into allegations of impaired fitness to practise, an Medical Practitioner Tribunal will be assisted by either a Legal Assessor (LA) or a Legally Qualified Chair (LQC). LAs and LQCs are experienced Barristers or Solicitors appointed to advise the tribunal on questions of law and of mixed law and fact, including the procedure and powers of the tribunal. A leading Medical Expert, Dr Waney Squier is accused of dishonesty and misleading courts and with ‘bringing the profession into disrepute’. The current tribunal dealing with Dr. Squier’s fitness to practise is focusing on six civil and criminal cases in which Dr Squier gave expert testimony.

The tribunal will inquire into the allegation that between 2007 and 2010, Dr Squier acted as an Expert Witness in a number of cases in civil and/or criminal proceedings. And that, during these proceedings Dr Squier provided expert opinion and evidence by way of written report and/or oral evidence outside her field of expertise. It is also alleged that Dr Squier failed to discharge her duties as an expert in that she failed to work within the limits of her competence, to be objective and unbiased and to pay due regard to the views of other experts.

For decades the Pathologist appeared as a prosecution witness against parents; giving evidence in dozens of cases where parents have been accused of killing their children. However, ten years ago, new research influenced Dr. Squier into having a change of heart as to whether shaking a baby was always the cause of unexplained infant mortality.

Having previously spoken about her continuing battle with the authorities for her opinion to be accepted, Dr. Squiers’ view that bleeding in the brain can occur naturally in young babies is now shared by a minority of pathologists. In 2011 she said: ‘If I am blocked from giving evidence in court, defendants already having to cope with the tragic death of a baby will not get the benefit of the new science. Equally, if the courts fail to accept that the mainstream view of 30 years ago can no longer be relied upon, there will be serious miscarriages of justice.

Having taken into account that Dr. Waney Squier failed to be objective and unbiased in six cases in which she gave evidence, the verdict of the Tribunal was that Dr. Squier be ‘struck off’ the medical register.

MR. WILLIAM STUART HISLOP BDS MBChB FRCSEd FFSTEd FDSRCSEd FDSRCPS

Medico-legal Practice Not only has Dr. William Stuart Hislop BDS, MBChB, FRCSEd, FFSTEd, FDSRCSEd, FDSRCPS built-up an impressive reputation over the past 20 years working as a Consultant Oral and Maxillofacial Surgeon at Crosshouse Hospital, Kilmarnock, but he is also fast becoming acknowledged as a highly experienced, reliable Expert Witness; carrying out around thirty reports per year for both defence and prosecution, as well as producing reports for injury and negligence cases Having gained a Training Diploma from the Royal College of Surgeons in Edinburgh, a Medical Degree from Bristol University in 1987 and a Dental Degree from Dundee University in 1978, Dr. Hislop currently spends 50% of his time at the regional Maxillofacial Unit at the Queen Elizabeth University Hospital, Glasgow. This gives him the opportunity to combine his extensive academic training with the practical experience he has gained working at the cuttingedge of surgery in Scotland.

Specialising in head and neck ablative and reconstructive surgery for malignancy, salivary gland surgery, together with facial aesthetic and cancer surgery, Dr. Hislop has carried out over 500 microvasular cases in his career and is highly experienced in dealing with facial trauma. Therefore, it comes as no surprise to learn that Dr. Hislop creates more than 30 medical reports per year dealing with this medical area of expertise.

Mr. Hislop added: "Within the west of Scotland I also carry out surgical dermatology for skin cancer and deal with facial trauma, as well as dental implants and dento alveolar surgery. I also have previous experience in orthognathic and tempopro mandibular joint surgery."

The diagnosis of skin cancer and its corresponding treatment has recently come under new guidelines.

Individuals must now be seen within two weeks of the identification of a suspicious ulcer. Keeping up to date with changes in legislation and medical procedures, Mr. Hislop is aware that this may represent a fresh challenge to the medico-legal work of expert witnesses.

A Member of the British Medical Association; British Association of Oral & Maxillofacial Surgeons and the British Association of Head & Neck Oncologists, Dr. Hislop has undertaken the position of Honorary Clinical Senior Lecturer at the University of Glasgow for more than two decades. He was recently admitted as a fellow to the faculty of surgical trainers at the Edinburgh surgical college.

In a recent interview Dr Hislop outlined what it takes, in his opinion, to provide the very best service as an Expert Witness: "When being called upon to act as an Expert Witness there is no substitute for experience and obtaining extra qualifications. Experience allows work place gathering of information over a career lifetime that informs decision making. This can be used in the clinic operating room or courtroom. Extra qualifications show that reading and gathering of knowledge in the specialist area has been undertaken. This means that all clinical; and legal decisions are underpinned by a thorough knowledge of the specialist area.”

“It's vital to instruct an Expert Witness at the beginning of an investigation/legal case, as this allows the expert to be available for advice from the start. There are numerous cases that are unlikely to be successful and having the expertise initially may save clients time and money.”

“I currently carry out approximately thirty MedicoLegal Reports per year for both defence and prosecution, attending court once a year on average. It is important when being instructed that you do not forget that you act for the court and giving a balanced report reduces the need for court attendance. I work for the prosecution and defence equally.”

“Being involved before the case has been submitted to the courts has proved to be very helpful.

One of the common problems I see is the uncertainty as to whether the matter is a failure in the duty of care by lack of consent or by negligence."

Case Study: "I was asked to see a lady who had a weak lower lip following a facelift.

This can happen and she was warned about it. The surgeon them offered her a muscle transposition operation to try and get function into her lip. The operation did not go well and she was left with a weak tongue and slurred speech.

She wished to make a claim on the grounds of lack of consent when in fact the complication was so rare it would have not been reasonable to mention it.

However the injury should not have happened and there was a failure in the duty of care whilst carrying out the procedure. The expert intervention meant that the case was submitted under the correct terms and was settled without a court case."

Mr. William Stuart Hislop on T:01563 827 488 E:stuarthislop@supanet.com

MR. WILLIAM STUART HISLOP BDS MBChB FRCSEd FDSRCSEd FDSRCPS

Consultant Oral and Maxillofacial / Head and Neck Surgeon & Medico-Legal Expert Witness

•

Consultant Oral & Maxillofacial Surgeon

•

Over 25 Years Experience

•

Skin Cancer

•

Facial Trauma

•

Dental Implants

•

Medico Legal Reporting

Mr Hislop has been a Consultant Oral and Maxillofacial surgeon at Crosshouse Hospital, Kilmarnock since 1994 and is now also at the regional Maxillofacial Unit at the Southern General Hospital in Glasgow. He has ben an Honorary Senior Lecturer at the University of Glasgow since 1995 He specialises in head and neck ablative and reconstructive surgery for malignancy, salivary gland surgery and facial aesthetic and cancer surgery. He is experienced in dealing with facial trauma and also undertakes routine oral surgery Mr Hislop is currently carrying out approximately Thirty Medico- Legal reports per year for both defence and prosecution

44 Dundonald Road, Kilmarnock,Ayrshire KA1 1RZ T: 01563827488 Fax: 01563 577300 E: stuarthislop@supanet.com

Prof Charles M Court-Brown Professor Of Orthopaedic Trauma MD, FRCS Ed (Orth)

Professor of Orthopaedic Trauma and Orthopaedic Surgeon with particular interests in the management of orthopaedic injuries encompassing Musculo-skeletal injuries and diseases, fractures, foot, ankle, wrist, hand and upper limb injuries (including whiplash injuries) and surgery in respect of all of these Surgery expertise also covers emergency and trauma surgery and intensive care for multiple injury patients of personal injury, Road Traffic Accidents and slipping, tripping, falling and other hazards.

I have writen 8 books and over 100 papers on my specialities and have in depth medico-legal experience, averaging some 300 new instructions annually and including court appearances

Contact: Prof C M Court-Brown Craigesk House, Lothianbridge. EH22 4TP. Tel:0131 660 4227. Emailccb@courtbrown.com

Gains Recognition with Top Award FORENSICS INDUSTRY

E-MAGAZINE

AWARD NEWS

PSYCHOLOGICAL SERVICES AWARD 2015 It gives us great pleasure to announce that MIDLANDS PSYCHOLOGICAL SERVICES LTD has been chosen as this year’s winner of the coveted PSYCHOLOGICAL SERVICES AWARD 2015, an independent Award Scheme sponsored by Forensic & Expert Witness E-Mag. In presenting this Award the team at Forensic & Expert Witness E-Mag were particularly impressed with the fact that Chartered Clinical Psychologist and founder of the company Dr. Dennis Trent, a Associate Fellow of the British Psychological Society, has been providing Expert Witness Reports for over 20 years dealing with Child Protection/Custody issues, Pre-Sentence Reports, Risk Assessments, Fitness to Plead, Learning Disabilities and other court related psychological assessments.

This Award Scheme was created in order to recognise those businesses and individuals who have made an outstanding contribution to their particular field. Forensic & Expert Witness E-Mag is always keen to bring attention to those who are providing a product or service that stands out from the crowd and deserves to be appreciated not only by its’ readers, but also by a wider audience.

Acknowledged both locally and nationally this Award is a milestone for Midlands Psychological Services Ltd and forms the final piece of the jigsaw that confirms the company's success.

On receiving this accolade Dr. Trent has this to say:

“All of us at Midlands Psychological Services are honoured to have received this award. It is the combined efforts of many who have made it possible and it is shared by all of us.”

Explaining the need for psychology in child protection Dr. Trent added: “It has often been said that the greatest asset of any culture is its children. To say that they are our future is like saying that day is light and night is dark. Someone who has been blind from birth may not understand that and it would appear that kind of blindness is more common than we would sometimes like to admit. The protection of children, while a widely recognised ideal, is often derailed by political and financial based decisions which are not in the best interest of our children.

Children tend to see the world in a markedly concrete manner. That is to say that in a child’s life there is black and white with little or no grey. Things are either good or bad, right or wrong with little ability to recognise nuances between the two extremes. If a child has done a ‘bad’ thing, it is easy for the child to assume that he or she is a bad person.

They also tend to take on responsibility for events and situations over which they have no control. Although they will often attempt to evade responsibility by denying an obvious action, they make connections which make sense at a concrete level, but which do not stand up to rational examination. “If I had eaten my corn Mum and Dad wouldn’t be fighting. If they weren’t fighting they wouldn’t be getting a divorce, therefore it is my fault they are getting a divorce” is a good example of concrete reasoning. It appears to be linear in that one leads to the next, but when examined the components, i.e., eating corn and getting a divorce, are very tenuously related at best.

In years of clinical practice I have never met a couple who divorced because the child did not eat their corn.

While to an adult it may be a flashpoint, to a child it is the reason.

Children rely on adults for their very existence.

We know that nurturing a child is essential to the development of the child. Shortly after World War II children in an orphanage were investigated because the infant nearest the door always did better than the others and it was not known why. When cameras were placed in the room it was noted that when the matron would turn out the lights at the end of the day she would reach down and caress the child nearest her before she left the room. Even a seemingly simple gesture as a passing caress is enough to have a positive impact on an infant’s life.

The primary damage, other than physical, of child abuse is a breach of the trust relationship between children and adults. When the very person a child relies on for safety, security and nurturing creates an environment which is not safe, secure or nurturing, the child will often take responsibility for having created that environment.

Anyone who has worked with abused children will recognise such statements as, “I deserved it”, “if I hadn’t....”, and “it was my fault”. These same statements are frequently heard when working with adult survivors of child abuse. If children cannot trust the environment, then when they become adults their ability to trust themselves as well as others is likely to be impaired, thus having a marked effect on both their self-concept and their ability to empathise with others.

Most parents recognise that it is important to have a consistent meal and bedtime schedule for their children. It establishes a structure within which a child can experiment and play, and forms the basis for the child’s sense of security and stability. When a child is abused there is little ability for the child to experiment or play as most of the child’s efforts will be directed at stabilising the environment and ‘pleasing’ the abuser in an attempt to avoid future abuse. This is likely to set a pattern for future behaviour as an adult. Since the individual sees little self value, efforts are often directed at gaining a sense of value from others, often by establishing a relationship to gain that sense of value. The problem is that people will not accept something they do not believe to be true, and therefore the individual will negate any value given by a partner. The lack of trust will cause a ‘testing’ of the relationship to find the breaking point and, when reached, another partner will be sought to gain the sense of value which was not obtained in the first relationship. As such, a pattern of unstable relationships follow, often with significant domestic violence inherent within those relationships.

Sex enters into the equation in that within the Western culture, sex is frequently seen as an indicator that emotional intimacy, acceptance, love and approval or value has been established. While the individual in almost all cases is searching for an emotional intimacy, that is acceptance and security, what is achieved is a physical intimacy devoid of the very thing being sought.

It is often seen by the individual that the answer to this dilemma of poor self-concept, lack of trust in others and feelings of estrangement is to have a baby. A baby is often viewed as someone who will love unconditionally and give worth to the individual.

The child is viewed as there for the parent, not the parent there for the child. What is not recognised is that within a poor relationship a child is demanding and an added stress. Now the pattern repeats as the parents are not receiving what they wanted from the child and the child is therefore often seen as the problem.

In conclusion Dr. Trent went on to say:: "Psychologists are best placed to help tease out that level of appropriateness.

They can also assist Social Services in assessing the appropriateness of potential foster carers and support social workers in working with both children and adults.

The problem is now exacerbated by taking the child out of the family and placing him or her in care, a process designed to protect the child. While it is understood that a social worker wants to progress a career, multiple changes of social workers only increases the instability in the child’s life. The same applies to Foster Parents. While there are many very good foster parents, children who have been taken from families present many problems for those foster parents who are less able or willing to deal with those problems.

Placement in multiple foster homes is not uncommon and again will be more damaging than helpful.

Unfortunately, there is no formal psychological assessment of potential foster carers or children’s homes workers and while experts in social care systems, social workers are not always best placed to assess the psychological make-up of parents who are very adept at covering over abuse and presenting themselves as caring individuals.

Enter the psychologist. Psychologists are extensively trained to make the assessment of risks to children.

With tested and proven instruments, many of which identify information the individual is not aware is being sought, the underlying risk presented by taking a child from a family unnecessarily, or placing a child into a high risk environment, often can be avoided. As fully independent experts we have the ability to view parents, children and environments from a completely objective viewpoint keeping the needs of the child paramount. We can make recommendations to the Court as to the needs of the child as well as ways in which the parent can improve themselves and their parenting skills in order to provide a more safe and secure environment for their child. We can assess the level of risk a parent or potential partner presents to a child. While past behaviour is a good indicator of future behaviour, it is not an absolute predictor. It is well accepted that the best place for a child is with the parents when that is safe and appropriate.

Most importantly, they can assist the Court to make a decision which is in the best interest of the child. Failure to do so will only build a significantly greater problem for the future. It is commonly accepted that the incidence of mental disorders in the prison population has markedly increased over the past years. The protection of children and early intervention facilitated by formal assessments of risk posed to them by parents, partners and carers is the first step in reducing, and turning around, a time bomb with huge personal, social and financial costs for the future."

For further information contact: Dr. Dennis Trent, MIDLANDS PSYCHOLOGICAL SERVICES

Tel: (0121) 224-3051, Fax: (0121) 224 3252, Email: mps@midpsych.co.uk Website: www.midpsych.co.uk