Expert Witness 2019 by The Solicitors Group

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EXPERT WITNESS 2019

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A. Logan Pain Management Ltd. Consultant Pain Management

Dr Andrew St Clair Logan FFMPRCA Expert in assessment of long term pain following injury with regards to causation, prognosis and further treatment. •

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Nuffield Health (Chester)

Direct telephone: 07791681278 1

Contents...

Expert Witness Survey: why experts are thinking of quitting ................................................................................................................................ 6

Experts’ assistants in Criminal Proceedings; and GDPR Compliance..................................................................................................................... 11

Further live issues..................................................................................................................... 8

Criminal procedure: clarification on identifying experts’ assistants................................. 11

GDPR compliance.................................................................................................................. 12

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Expert Witness Survey: why experts are thinking of quitting Expert witnesses for the courts could soon be in short supply if the results of a recent survey of experts plays out to be an accurate prediction and reflection of the market. According to the Expert Witness Survey 2018, carried out by Bond Solon in collaboration with The Times, almost a third of experts surveyed said that over the past year they had considered quitting their work as an expert witness. So what’s prompting them to reconsider their role as an expert witness; and what other live issues face expert witnesses today? Cost is, unsurprisingly, a major issue for most expert witnesses. According to the Survey, 72% of experts said they would stop doing legal aid work if expert witness fees were further reduced. Even where legal aid is not relevant to a particular case, experts’ fees in civil cases have been squeezed by the Jackson reforms (which introduced costs proportionality and a greater emphasis on budget and costs). It’s clear that for many experts it is becoming financially unviable to continue as an expert witness in some fields, particularly where agencies are competing with them. And given that expert witness work is often ancillary to their ‘day job’, many experts would be largely cushioned from any significant financial impact of leaving behind their expert witness work to concentrate on their more lucrative primary work. But what are the implications for claimants, respondents and defendants? Mark Solon of Bond Solon said, following publication of the survey results, if experts do not take on legal aid work, “there could be a significant effect on fairness in the system if those with money can employ the best legal teams and experts, compared to those who are legally aided. Another perhaps unintended and certainly unwelcome consequence of the cuts to legal aid is the increase in the number of litigants in person who cannot afford to pay for their own lawyers and are not entitled to legal aid. Litigants in person pose real problems for experts as they do not know the complex rules around experts and particularly how to instruct them properly”.

The evidence is that this is already happening. The current hourly rates for expert reports are frequently lower than what many experts are prepared to accept, with the result that in some cases it is not possible to commission an expert report. This is particularly so in the case of medical reports. Lord Justice McFarlane recently gave a speech about the impact on family cases, noting that unlike in most other civil proceedings, funding for experts in family proceedings comes from legal aid or local authority funds – yet the rates payable to experts have been eroded. He also noted the greater difficulty across the country in finding experts prepared to take on instructions in a family case. He said: “The provision of high-quality professional expertise, where a court has held that such expertise is ‘necessary’ so that the issues relating to a child’s future can be determined ‘justly’, is plainly essential. If the tightening up of the regime for instructing experts, in combination with a freeze in the rate of payment, has resulted in the supply of expertise drying up, then these elements in the operation of the family justice system may need to be looked at again.” Another factor behind the general decline in the numbers of expert witnesses is the Supreme Court ruling in Jones vs Kaney (2011). Since that judgment, experts risk negligence claims if they fail to discharge their duty of care (as well as claims for breach of contract claim if they fail to follow solicitors’ instructions). Survey participants also gave a variety of specific reasons for thinking about quitting, including:

“The politicisation of the Law and the slavish pursuit of cheapness means price

is all that matters when experts are retained. To not have experience

recognised and only specialism regarded means to narrow a view”

“Hassle from solicitors when my report does not support claim e.g. forwarding

lists of gabbled comments from Claimants. Solicitor - Failure to send properly

paginated records. Solicitor - Failure to disclose all relevant information”

“Not getting paid and the increasing tension of reducing fees vs. criticism of

not getting to the bottom of things.”

“Takes so much time to do the work justice. You can’t charge for all the hours

you actually work.”

“Coming across reports which do not conform to Criminal Procedure Rules or

Civil Rules but accepted by Court?”

“Charlatans continuing to work when they lose their Regulated status or are

not Regulated and some with health issues.”

Further live issues Expert witnesses in civil cases must always remember that their overriding duty is to the court, not to the parties or to their instructing solicitors. This means resisting any pressure to change their reports. Yet a quarter of the experts surveyed by Bond Solon admit to having been asked or felt pressurised to change their report by an instructing party in a way that damages their impartiality in the last 12 months. Judges are not slow to express criticism for expert witnesses who have not performed their role properly. For instance, the family judge in a 2018 family case1 found that the expert witness “had clearly confused her role as the expert with that of the judge. If a piece of evidence was relevant to her conclusions but she knew it was not proven then she should have highlighted that fact and given her view in the alternative on the basis of that fact being true or not… Though she knew the facts were not proven she did not do this. She accepted them and gave a single opinion. In so doing she was not fulfilling her duty to the court as an expert witness.” Her evidence could not therefore be relied on. So what do experts think of other expert witnesses who are incompetent? Survey participants were asked whether they felt their professional body or regulator should be “more stringent in removing experts from their approved lists who act as hired guns or are incompetent”. A resounding three-quarters agreed. Solon’s view is that professional bodies should “do more to ensure that experts who are regulated by them are properly trained and approved”. He says professional bodies could create lists of suitable members who could act as expert witnesses. This “would assist lawyers in finding suitable experts and provide a stick to remove non-complying experts”. It’s perhaps no surprise that judicial criticism of experts continues given that there are also ‘experts’ continuing to profess expertise or qualifications when they should not be. According to the Survey, nearly half of the experts said they have come across experts professing expertise in an area in which they are not qualified or does not warrant expertise. A wide range of examples were given by the survey respondents

including handwriting consultants who have not had efficient training and consider themselves experts, neurological expert reports on head injury which do not take account of recent studies/information on neuro-trauma, and psychiatrists who present themselves as expert in psychology. The challenges for expert witnesses staying in the game are clear but by no means insurmountable. So long as you never lose sight of your overarching duty to the court, follow the court rules and do not stray outside of your expertise, your role as an expert witness remains invaluable to the court and to the parties in proceedings. 1C (interim judgment on expert evidence) [2018] EWFC B9

Dr Joshua Adedokun Dr Joshua Adedokun Dr Joshua Adedokun FCARCSI, FRCA, FFPMRCA FCARCSI,FRCA, FRCA,FFPMRCA FFPMRCA FCARCSI, • Chronic Pain Expert • Personal Injury Chronic PainExpert Expert Chronic • ClinicalPain Negligence

Listed on the Register Adedokun extensive Listed on the UKUK Register of of Dr Dr Adedokun has has extensive Dr Adedokun hasinextensive clinicalExpert Witnesses, Listed onanthe UKexpert, Register of Expert APIL clinical experience the Expert Witnesses, an APIL expert, clinical experience in the experience inofthe management of various Witnesses, anExpert APIL expert, Member of Member of Society of management various Chronic Member of Society of Expert management of various Chronic Chronic Painincluding Syndromes Society ofWitness Expert Witnesses and Expert Witnesses Expert Witness Syndromes including including Witnesses andand Expert PainPain Syndromes Institute. persistent neck, back, neuropathic persistent neck, back, neuropathic or Witness Institute. persistent neck, back, neuropathic Institute. or Complex Regional PainSyndrome Complex Regional Pain or Complex Adedokun accepts instructions 7/02/2011 10:57Regional PagePain 19 Dr Dr Adedokun instructions Syndrome (CRPS) especially (CRPS) especially following personal Draccepts Adedokun accepts instructions Syndrome (CRPS) especially from Claimants, Defendants ate.qxd 7/02/201117/02/2011 10:57 Page 10:57 19 19 Claimants, Defendants andand 17/02/2011 10:57 Page 19 Page from following personal and occupational injuries. from Claimants, Defendants and following personal andand a Single Joint Expert. He covers as aasSingle Joint Expert. covers occupational injuries. as aLiverpool, Single He Joint Expert. He covers occupational injuries. He He alsoalso Manchester, Leeds, Manchester, Liverpool, Leeds, experience in Medicalin Medical He also has wideinexperience Manchester, Liverpool, Leeds, has has widewide experience Medical Birmingham London. Birmingham andand London. Negligence claims. Negligence claims. Birmingham and London. Negligence claims. Other locations Domiciliary Other locations andand Domiciliary visits can be arranged. visits can be Other arranged. locations and Domiciliary visits

M : 0771 196 3200 expertpainreports@gmail.com www.expertpainreports.co.uk

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Mr Kim Hakin is a Consultant Ophthalmic Surgeon working in the NHS and in private practice. Available for medico-legal consultations in London and Taunton.

His special interests include the management of cataracts, ocular trauma, eyelid and lacrimal surgery, including cosmetic eyelid surgery, facial aesthetic injection and laser treatments. Mr Hakin prepares approximately 200 reports a year, with a Claimant:Defendant ratio of around 50:50. He is able to provide an appointment for consultation in London or Taunton within 2-3 weeks of request, with a report turnaround time of less than two weeks.

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Two Practical Developments for Expert Witnesses Experts’ assistants in Criminal Proceedings; and GDPR Compliance

Expert witnesses in civil cases will know that their overriding duty is always to the court, not to the parties themselves. Likewise, in criminal proceedings the expert’s duty is to help the criminal court achieve its overriding objective that cases are dealt with justly. Instructing solicitors must give experts any advice and information that will help them discharge their legal responsibilities confidently and effectively. The duties of expert witnesses in civil and criminal proceedings are set out in Part 35 of the Civil Procedure Rules, and the Criminal Procedure Rules and subsequent amendments respectively. In discharging in your duty as an expert witness, it’s vital to keep up-to-date with legal and procedural changes. Here, we highlight an important change for expert witnesses in criminal proceedings, and the implications for all expert witnesses following the introduction of the General Data Protection Regulation (GDPR).

Criminal procedure: clarification on identifying experts’ assistants The Criminal Procedure (Amendment) Rules 2018 came into force on 2 April 2018 introducing important changes to both trial and evidential procedure. Of particular note for expert witnesses are the clearer rules on the requirement to identify experts’ assistants in their reports for criminal cases. Rule 9 changes the original Rule 19.4 (Criminal Procedure Rules) clarifying who an expert witness must specifically identify in their report. Under the old Rule 19.4, a list sets out what an expert witness was required to include in their written report of their own findings and their expert opinion. This included those “who carried out any examination, measurement, test or experiment which the expert has used for the report and:

1. give the qualifications, relevant experience and accreditation of

that person,

2. say whether or not the examination, measurement, test or

experiment was carried out under the expert’s supervision, and

3. summarise the findings on which the expert relies."

The original wording was considered too broad. Critics such as the Forensic Science Regulator said this had been understood to require the identity of assistants who had been involved in even minimal tasks such as preparing lab equipment. Those criticisms were eventually taken on board resulting in an amendment clarifying the intention behind Rule 19.4. So what’s changed? Expert witnesses are now only required to identify any person "where the expert has based an opinion or inference on a representation of fact or opinion made by another person for the purposes of criminal proceedings (for example, as to the outcome of an examination, measurement, test or experiment)". This therefore requires anyone who produced information on which the expert relies on in their evidence to be named, but excludes assistants who may have performed only subsidiary functions. This means the burden on expert witnesses has eased, bringing some welcome common sense to the rules.

GDPR compliance Expert witnesses must comply with data protection and privacy legislation as well as the rules of the court. Now that the GDPR is firmly bedded down since it came into force in May 2018 - are you confidently GDPR-compliant? If you’ve not already implemented appropriate controls and procedures to ensure you are compliant, it’s never too late. You must understand that the intention of the GDPR is to give individuals greater control of their personal information. The rules therefore impose responsibilities on you, as an expert witness, to ensure your policies and procedures sufficiently protect the personal data you hold on individuals.

So what does this mean for you in practice? As an expert witness, you are a ‘data controller’ for the purposes of GDPR. This is because you control personal data by controlling the means by which the personal data is processed and the purpose of using that data. The GDPR makes you responsible for protecting individual’s privacy and rights. Compliance is mandatory, whether you are an individual or a company – and you can be called to account in the event of a breach. You should already have policies in place to ensure you are compliant with the GDPR, particularly given that the solicitors’ firms with which you work are likely to (and should) have requested confirmation from you (a supplier) that you are GDPRcompliant before instructing you. If you cannot state with certainty that you are compliant, you risk not being instructed – and that, of course, is not good for your business. If you still have compliance work to do, there is plenty of clear online guidance available from the Information Commissioner’s Office (ICO) to help. Also, your professional body or regulator will have published sector-specific help and guidance. Where necessary, consult the relevant guidance for specifics on what you should have done (and may still need to do) to ensure compliance. Importantly, if you’re confident you are compliant - avoid the temptation to take a step back. Regular reviews of your data processing activities should be scheduled to ensure any risks are identified and dealt with appropriately. In the unfortunate event that any complaints are made against you alleging non-compliance, don’t panic. The Information Commissioner is far less likely to come down hard on you if you can demonstrate you have been working towards complying with the new rules. Can you produce paperwork showing your compliance processes and procedures so far, and evidence of any further action you have planned to ensure compliance? You should note that serious breaches are likely to be dealt with severely and the ICO has powers to impose heavy fines. In practice, while there’s the risk of a fine for any expert witnesses found to have breached the rules, it’s more likely that some sort of corrective action might be ordered. This could, for example, be a warning or a reprimand, a temporary or permanent ban on data processing or an order to rectify or erase individuals’ personal data.

Thereâ&#x20AC;&#x2122;s also the reputational risk to remember. If you are keen to avoid any suggestion that you have breached these stricter privacy and data protection rules, make sure youâ&#x20AC;&#x2122;ve taken the appropriate action to protect the data you hold on individuals, taking specialist advice if needed.

Mr Stuart Hislop Consultant Oral & Maxillofacial Surgeon MBCHB, BDS, FRCS Ed, FFST Ed, FDSRCS Ed, FDRCPS Qualified in dentistry in 1978 and medicine in 1987 Mr. Hislop has a full training in Oral and Maxillofacial surgery. He has experience in all aspects of the specialty but his main interests are head and neck oncology including skin cancer as well as reconstructive surgery. He also has an interest in facial trauma both hard and soft tissue.

• • • • •

25 years experience. Works in Ayrshire and Glasgow Experienced medico legal expert Also carries out routine oral surgery Will work for both plaintiff and defendant

Tel: 01563 827488

Email: Stuart.Hislop@aaaht.scot.nhs.uk 15

Mr J Rodney Peyton OBE TD Consultant in Trauma and General Surgery BSc(Hons) MSc(Educ) MD FRCS(Eng, Ed, Glasg & I) FRCP(Lond) PGDL

Put Mr Peyton’s 30+ years and 70,000+ cases to work for you in order to significantly improve chances of favourable outcomes Mr Rodney Peyton is internationally highly regarded as an accomplished consultant trauma surgeon, author, speaker and trainer with a longstanding commitment to surgical education. Mr Peyton has been involved in medico-legal reporting and court appearances as an expert witness for 30+ years and is a Foundation Member of the Expert Witness Institute. Over the last five years Mr Peyton has seen a minimum of 1,000 cases per annum including personal injury, RSI and medical negligence. Medico Legal Services – expert opinion provided in more than 70,000 medico legal cases Medical Negligence – independent opinion provided in cases in the UK, Ireland and internationally Reviews to promote improvement of clinical practice Facilitative Mediator in disputes involving medical negligence and Private Finance Initiatives Author of “Whiplash, The Cervical Spine in Medico Legal Practice ”, “Facilitative Mediation” and Co-author of the “Cambridge Textbook of Accident and Emergency Medicine.” Contact Mr Peyton today to assist your clients, legal advisors and the Courts to gain a clearer understanding of the unique aspects of medical evidence in individual cases, so that they can make better informed decisions.’

W : www.jwrodneypeyton.com 16

The Importance of Preliminary/Screening Advice in Medical Negligence Cases A 72 year old with Alzheimerâ&#x20AC;&#x2122;s Disease was admitted to a respite unit for several weeks so that his wife could go on holiday. At home he would sleep in his own bed although occasionally in the night he would get up and wander around. He did not require a stick and had no problems with his sense of balance. He was able to feed and clothe himself with minimal assistance. The Respite Unit was part of a more general ward in a Community Hospital. He was in a four bed unit as part of a 24 bed ward which at night was staffed by two nurses and three nursing assistants. There were no bed rails on his bed and the floors were carpeted. Ten days after admission he got out of bed at 3am as he wanted to go to the bathroom. He fell down beside the bed onto his left side. The noise of the fall attracted one of the nursing assistants in another bay. He was put back into bed and seen by a doctor. The following morning an x-ray of his hip confirmed a fracture. The family instigated a claim on his behalf for medical negligence because of the fall. The lawyers involved obtained reports from an Orthopaedic Expert in relation to the fracture, a Geriatric Specialist in relation to some potential increase in his levels of confusion after the incident and especially in rehabilitation. The statement of claim indicated that the gentleman should have been more closely supervised and there should have been bed rails in place. Unfortunately there was no initial report in relation to liability and causation. There was in fact no indication why this gentleman should have been subjected to any â&#x20AC;&#x153;specialâ&#x20AC;? nursing care over and above that which was available on the ward, nor was there any indication for the use of bed rails which in some circumstances could have served to increase his levels of confusion. It is of note that he did not have any bed rails in place at home. The case was easily defended at a preliminary stage although unfortunately the legal firm had already incurred considerable expense in obtaining other reports for which they were not able to recover their costs from the family, who were of limited means. This is an important lesson in case management. Any case which has a potential for a suit in medical negligence should have a preliminary screening report in order to ensure that the elements of duty, breach and consequential damage are likely to be in place, prior to commissioning any other costly specialist reports. MDU figures for 2016 show that less than one in six actions in medical negligence actually succeed with the vast majority failing on the grounds of causation. It must be remembered that subsequence is not the same as consequence. Initial screening is therefore essential to manage client expectations at an early stage. This avoids unnecessary effort and costs for all concerned. Too many cases are taken to Court with no chance of success. This is stressful for both the client and their legal advisor and indeed for the medical personnel involved.

T : +44 (0) 28 8772 4177

E : rpeyton@rpeyton.com 17

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I have attended formal training in the provision of expert witness reports and oral evidence under cross examination.

I have been a full-time NHS Consultant Cardiologist at Solihull Hospital (Heart of England NHS trust) since 2010. I am on the Specialist Register for Cardiology & General Internal Medicine.

I accept instructions from counsel acting for claimants as well as counsel representing defendants.

Expertise includes complications from cardiac procedures, atrial fibrillation, syncope, cardiac arrest and other arrhythmias, chest pain and myocardial infarction, cardiac risk assessment, heart failure and cardiomyopathy, hypertension, stroke, pulmonary embolism, cardiac trauma and insurance claims, thrombosis and anticoagulation. I provide expert reports in a wide range of cases with an emphasis on clinical negligence, personal injury, causation, condition and prognosis.

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contractors or between contractors & their sub-contractors Since 1993 we have specialised in assisting clients in resolving concerning technical and/or contractual aspects related to & technical and contractual problems with respect to mechanical electricalengineering engineering services that can (and do!) also occur on many mechanical & electrical services. Weoften have construction projects, whether during the pre-contract or construction acted for clients inphases, issues involving professional negligence or indeed post-contract, including maintenance and/or management issues. of M&E consultingfacilities engineers. As such we have been retained either as expert advisers, partyappointed experts or as single joint experts in respect to disputes between building owners/end-users & their contractors or between contractorsEngTech & their sub-contractors concerning technical and/or Please call Bob Swayne AMIHEEM for an contractual aspects related to mechanical & electrical engineering initial discussion without obligation onfor01494868868 or services. We have also acted clients in issues involving professional negligence on of M&E consulting engineers. 07768497005 or visit our website

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Our expert Psychologists and Psychiatrists can provide Adult and Child assessments 0161 / office@targetpsychology.co.uk Our425 expert 1826 Psychologists and Psychiatrists can provide Adult and Child assessments within: www.targetpsychology.co.uk ➢ Public Law Proceedings ➢ Public&& Private Private Law Proceedings ➢ Pre-Proceedings ➢ Pre-Proceedings ➢ Criminal Proceedings ➢ Criminal ➢ Court of Proceedings Protection Proceedings ➢Please Court of Protection Proceedings At Target Psychology understand need orfor contact us to make we a referral, discuss your the requirements findaout

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services we can provide. and rapid timescales, within the Legal Aid professional Please contact service us to make a referral, discuss your requirements or find out more ab Agency guidelines. We have staff with decades of experience services can provide. Due towe demand, we are also looking for high calibre Expert Witnesses (Psychologists and Psychiatrists) to conductaassessments in the above areas. We offer a competitive hourly rate working to provide seamless service.

administrative support; if you are interested in finding out more, please send your Due and to excellent demand, we are also looking for high calibre Expert Witnesses (Psychologi CV to Maxine Taylor at the above email address.

Psychiatrists) to conduct assessments in the above areas. We offer a competitive hou Our expert Psychologists and Psychiatrists can provide Adult and excellent administrativewithin: support; if you are interested in finding out more, please se and Child assessments VAT REGISTRATION NO. 256 6143 00. COMPANY NO. 10471322. REGISTERED IN ENGLAND & WALES. Registered Office: c/o Seligman Percy, 11 – 16 Prudential Buildings, 61 St Petersgate, Stockport, SK1 1DH.

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VAT REGISTRATION NO. 256 6143 00. COMPANY NO. 10471322. REGISTERED IN ENGLAND & WALES. Registered Office: c/o Seligman Percy, 11 – 16 Prudential Buildings, 61 St Petersgate, Stock

Please contact us to make a referral, discuss your requirements or find out more about the services we can provide. Due to demand, we are also looking for high calibre Expert Witnesses (Psychologists and Psychiatrists) to conduct assessments in the above areas. We offer a competitive hourly rate and excellent administrative support; if you are interested in finding out more, please send your CV to Maxine Taylor at the above email address.

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With 50 clinical psychologists operating from 151 UK clinics, HKA’s comprehensive network ensures location is no barrier to justice.

T 01242 263715 E enquiries@hughkochassociates.co.uk

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heart of our dedicated team, HKA has grown to become the largest and most respected medico legal operation of its kind in the UK.

Back in 1993, renowned psychologist Professor Hugh Koch had the vision of a company that would provide service levels unprecedented in the medico legal industry. A quarter-century later, with Hugh at the heart of our dedicated team, HKA has grown to become the largest and most respected medico legal operation of its kind in the UK.

HKA has talent and passion at every level, from the dynamic in-house team to our independent expert witnesses.

HKA holds its team to the highest ethical standards. In-house staff Back 1993, renowned psychologist Professor Hugh the treatin each case with respect and confidentiality, while Koch every had clinical vision of a company that would provide psychologist and orthopaedic surgeon hasservice a cleanlevels HCPCunprecedented and BPS record. in the medico legal industry. A quarter-century later, with Hugh at the heart of our dedicated team, HKA has grown to become the largest and most respected medico legal operation of its kind in the UK.

A dynamic medico legal team Hugh Koch, Director HKA has talent and passion at every263715 level, from the dynamic in-house T 01242 team to our independent expert witnesses. E enquiries@hughkochassociates.co.uk

Ground Floor, Festival House Strong values & ethics Jessop Avenue, Cheltenham GL50 3SH HKA holds its team to the highest ethical standards. In-house staff treat each case with respect and confidentiality, while every clinical psychologist and orthopaedic surgeon has a clean HCPC and BPS record.

Back in 1993, renowned psychologist Professor Hugh Koch had the vision of a company that would provide service levels unprecedented in the medico legal industry. A quarter-century later, with Hugh at the Back in 1993, renowned psychologist Professor Hugh Koch had the vision of a company that would provide service levels unprecedented heart of our dedicated team, HKA has grown to become the largest in the medico legal industry. A quarter-century later, with Hugh at the and most respected medico legal operation of its kind in the UK. UK expert witness directory

UK expert witness directory

With 50 clinical operating With 50 clinical psychologists operatingpsychologists from 151 UK clinics, HKA’s

from 151 UK clinics, HKA’s

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A dynamic medico legal team

Strong values & ethics

to justice.

UK expert witness directory

Hugh Koch, Director

3, renowned psychologist Professorcomprehensive Hugh Koch the UK expert comprehensive network ensures location is no barrier to justice. network ensures location is no barrier to justice. Strong values Ahad dynamic medico directory ompany that wouldwitness provide service levels unprecedented & ethics legal team A dynamic medico legal team Apassion dynamic medicoHKA legal team o legal industry.With A quarter-century later, with Hugh attalent the HKA has and 50 clinical psychologists holds its team to the highest HKA has talent and passion at every level, from the dynamic in-house at every level, from the operating from 151 UK clinics, ethical standards. In-house staff team to our independent expert witnesses. HKA has talent and passion at every level, from the dynamic in-house dedicated team, HKA has grown to become the largest dynamic in-house team HKA’s comprehensive network treat each case with respect team to our independent expert witnesses. espected medico legal operation of its kind in the UK. to our independent ensures location is no barrier and confidentiality, while Strong values & ethics HKA holds its team to the expert highest witnesses. ethical standards. In-house staff every clinical psychologist and values treat each case with respect and confidentiality,Strong while every clinical& ethics orthopaedic surgeon has a psychologist and orthopaedic surgeon has a clean HCPC and BPS record. clean HCPC and BPS record.

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HKA holds its team to the highest ethical standards. In-house staff treat each case with respect and confidentiality, while every clinical clinics, HKA’s psychologist and orthopaedic surgeon has a clean HCPC and BPS record.

nical psychologists operating from 151 UK ensive network ensures location is no barrier to justice. A dynamic medico legal team

Koch, Director ent and passion at every level, from the dynamic Hugh in-house T 01242 263715 team to our independent expert witnesses. E enquiries@hughkochassociates.co.uk

Strong values & ethics

Ground Floor, Festival House Jessop Avenue, Cheltenham GL50 3SH

Hugh Koch, Director

T 01242 263715 its team to the highest ethical standards. In-house staff E enquiries@hughkochassociates.co.uk case with respect and confidentiality, while every clinical nd orthopaedic surgeon has a clean HCPC and BPS record. Ground Floor, Festival House Jessop Avenue, Cheltenham GL50 3SH

Hugh Koch, Director

Mr Coleridge Smith was previously Reader in Surgery at UCL T 01242 263715 Medical School, London UK. He is now Consultant Vascular Surgeon and Medical Director, British Vein Institute. He enquiries@hughkochassociates.co.uk pioneered the introduction of duplex ultrasonography in the Ground Floor, Festival House clinical investigation of venous disease in the UK.

Jessop Avenue, Cheltenham GL50 3SH

He is well known for his many publications on venous disease, particularly those related to the pathogenesis of venous ulceration. With others he published a theory suggesting that leucocyte trapping in the microcirculation of the lower limb during venous hypertension is part of the mechanism that leads to skin damage and venous ulceration of the leg. This publication appeared in the British Medical Journal in 1988.

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GMR

GMR Consulting, GMR Consulting, 33 St. James’s 33 Square, St. James’s Square, Consulting, 33 St. James’s Square, London, SW1Y 4JS London, London, Tel: +44 (0)207 129 1416 SW1Y 4JS SW1Y 4JS Tel: +44 (0)207 Tel: 129 1416 +44 (0)207 129 1416 Other offices in the UK and USA

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Property Valuations

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RINA Enhances its Expert Witness Services with New SEM The leading engineering consultancy business, RINA, has invested in a state-of-the-art Scanning Electron Microscope with Field Emission Gun (FEG-SEM) to enhance the level of material analysis service we can provide to our customers. This new equipment will mean loss adjusters, insurers, solicitors and all our customers will benefit from faster and more detailed forensic analysis of component failures, materials investigations and asset life condition. To keep up with the fast pace of innovation and the demands of our customers, we know three elements are essential: • • •

a deep technical understanding of materials and engineering; razor-sharp analytical capabilities and; cutting-edge equipment.

The first two come from long experience and multidisciplinary teams of experts, while the third is a commitment to balancing continuous improvement with wise investment.

visit www.rina.org 28

Our new Scanning Electron Microscope with Field Emission Gun (FEG-SEM) is a case in point. Although we already have five Scanning Electron Microscopes in our international laboratories, our new FEG-SEM provides even faster analysis and enhanced X-ray mapping capabilities. It also, crucially, adds new capabilities sought by our customers including phase identification, grain size determination and orientation measurements. RINA already has vast experience and expertise in materials analysis, with a deep technical understanding of root-cause analysis coupled with specialist analytical capability. The new FEGSEM, which is sited in the RINA laboratory in Leatherhead, UK, will support our expert witness, failure investigation, forensic engineering, and materials development services. It will serve cases all sectors across energy, renewables, heavy industry, steel production, defence, marine, infrastructure and rail, as well as a large range of equipment or component manufacturers. By enhancing our ability to carry out complex analysis techniques, such as electron backscatter diffraction to reveal the detailed microstructure of a material, the FEG-SEM will help our clients by providing more comprehensive analysis in shorter timescales, enabling them to respond more quickly to issues.

Degradation of the alumina layer in an electrolytic capacitor

New FEG-SEM at RINA Consulting Ltd, Leatherhead, UK

For more details, please contact: stephen.pitman@rina.org

ate epresentation representation representation of colour. ofofcolour. colour. curate representation of colour. Mr Alexandros Vris MD, MB ChB Consultant Trauma and Orthopaedic Surgeon

I am a consultant orthopaedic surgeon at the Royal London Hospital, the busiest major trauma centre in the UK and one of the biggest in Europe. I specialise in complex trauma, limb reconstruction, bone infection, orthoplastics, foot and ankle and diabetic foot surgery. I provide expert medico-legal reports for traumatic and degenerative orthopaedic conditions in London.

URGENT PROOF

Your Expert Witness

Production Dept: Your Expert Witness, 2, 61 Lower Hillgate, Stockport SK1 3AW Î&#x2018;reas ofSuite expertise include:

Orthopaedic injuries Complex limb trauma Open fractures Limb reconstruction Deformity correction For the attention of: Foot and ankle conditions Diabetic foot problems Periarticular fractures Please find below a proof of your advertisement booked to appear in our forthcoming ed Orthoplastics Sports and leisure injuries Road please traffic accidents If any revisions are required email matt@dmmonline.co.uk or fax on 0161-710 Bone infection working days of receipt of this letter, indicating the necessary alterations. Alternatively yo Post traumatic complications Malunion to discuss your amendments with Matt Love on 0161-710 3884. Non-union Amputations

Sent via:

Please note: colour laser copies are produced for layout approval only and should wholly accurate representation of colour. Secretary: Ms Lisa Abbott The London Independent Hospital 1 Beaumont Sq., Stepney Green, London, E1 4NL Tel/Fax: 020 7791 1688, e mail: lisaabbott5@live.co.uk

Mr Ramnik Patel

MA (Cantab), MB, BCh, MD, MRCP, MAE, FFCI, FRCPCH

MB BS, MD, MS, MCh, DNBS, DNBPS, LL B (Gen), LL B (Spec), LL M, DTLP, DLLP, DIHR, DCH (Glas), DA (Dublin), DRCOG (Lon), DFSRH, LoC IUT, LoC SDI, FRCSEd (Gen Surg), FEBPS (Paed Surg), FRCS (Paed Surg), FEAPU (I)

Specialist General & Paediatric Surgeon/ Urologist, Urgent care/A&E Surgeon Areas of Expertise: I am a specialist General, Paediatric Surgical and Paediatric Urologic Surgeon, and specialize in urgent care, accident and emergency, paediatrics, obstetrics, gynaecology, sexual and reproductive health. I am basic medical doctor and an advocate of Gujarat High court registered at Bar Council of India and life member of medical associations of general doctors, general surgeons, paediatric surgeons, paediatric urologists, international law institute and a medico legal expert in India and abroad.

Contact Details:

Telephone/Fax: 0116 289 3395 Mobile: 07956 896641 Email: patelramnik@rediffmail.com

Mob: 07541 110064 Email: g.hartnoll@btinternet.com

BM Box 2512, London, WC1N 3XX

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M&A advisory, capital raising and secondary market advisory services in the United States are provided by Duff & Phelps Securities, LLC. Member FINRA/SIPC. Pagemill Partners is a Division M&A advisory, capitalSecurities, raising and secondary market advisorycapital servicesraising in the United States are provided Duff & Phelps Securities, Member FINRA/SIPC. Pagemillby Partners a DivisionSecurities Ltd. (DPSL), which of Duff & Phelps LLC. M&A advisory, and secondary marketbyadvisory services in theLLC. United Kingdom are provided Duff &is Phelps is of Duff & Phelps Securities, LLC. M&A advisory, capital raising and secondary market advisory services in the United Kingdom are provided by Duff & Phelps Securities Ltd. (DPSL), which is authorized and regulated by the Financial Conduct Authority. M&A advisory and capital raising services in Germany are provided by Duff & Phelps GmbH, which is a Tied Agent of DPSL. authorized and regulated by the Financial Conduct Authority. M&A advisory and capital raising services in Germany are provided by Duff & Phelps GmbH, which is a Tied Agent of DPSL. Valuation Advisory Services India are provided by Duff & Private PhelpsLimited India under Private Limited1under a category 1 merchant license byBoard the Securities Valuation Advisory Services in Indiainare provided by Duff & Phelps India a category merchant banker license issued by banker the Securities andissued Exchange of India. and Exchange Board of India.

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2018 European Goodwill Impairment Study In 2013, Duff & Phelps launched its inaugural study of goodwill impairments recognized by European companies. Now in its sixth edition, the 2018 European Goodwill Impairment Study (2018 Study) continues to examine general goodwill impairment trends across countries and industries within the European market. The analysis in the 2018 Study is focused on companies in the STOXX® Europe 600 Index, which is comprised of large, mid and small capitalization companies across just under 20 countries of the European region, for the 20132017 calendar years. In the fifth anniversary edition, Duff & Phelps introduced new analyzes of goodwill impairment trends and statistics for benchmark stock market indices in four countries. This year’s sixth edition expands that effort to include Italy, which means the following five indices are now analyzed:

CAC 40 in France DAX in Germany FTSE 100 in the UK

FTSE MIB in Italy IBEX 35 in Spain

KEY GENERAL HIGHLIGHTS FROM THE 2018 STUDY INCLUDE:

Total goodwill impairment recorded by European listed companies in the STOXX® Europe 600 dropped 35% to €18.5 billion in 2017 The number of goodwill impairment events fell by 9%, from 121 in 2016 to 110 in 2017. Hence, the average impairment amount per event declined by 28%, from €234 million to €168 million over the same period. 2017 saw the lowest level in aggregate goodwill impairment for the STOXX® Europe 600 since 2010, the onset of the euro sovereign debt crisis. The amount of goodwill impairment and number of impairment events for the last five years is summarized below. In 2017, the top 10 goodwill impairments accounted for two-thirds of the aggregate goodwill impairment of $18.5 billion 2018 European Goodwill Impairment Study 4 out of the 8 highlighted countries within the STOXX® Europe 600 saw a decline in the proportion of companies recording a goodwill impairment in 2017. Germany saw the largest increase, while Italy showed the largest decrease. KEY INDUSTRY HIGHLIGHTS FROM THE 2018 STUDY INCLUDE:

Half of the ten industries analyzed in the study saw their aggregate goodwill impairment amounts decrease. The top three industries with the most significant drop in goodwill impairment amounts in 2017 in order of magnitude are (€ billions): Financials & Real Estate (€8.1 to €3.4), Telecommunication Services (€7.0 to €2.4) and Consumer Discretionary (€5.0 to €0.9) Consumer Staples saw a sharp increase in aggregate goodwill impairment relative to 2016, becoming the top industry on the list in 2017 For a second straight year, Energy saw the largest drop in the number of companies with goodwill recording a goodwill impairment, as the recovery in oil prices continued in 2017.

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Vickery Holman’s extensive team of valuers, property managers, building surveyors, general practice and rating surveyors are able to provide a diverse range of expertise. Arbitrators, often appointed to resolve disputes in preference to court proceedings. The arbitrator considers evidence presented by both sides and bases their decision on this evidence. The arbitrator’s award is enforceable in a court of law. Vickery Holman have two qualified arbitrators, Nick Holman and Greg Oldrieve who are equipped to officiate over almost any valuation dispute with their specialist knowledge in leases and developments. Adjudication is generally shorter than arbitration and has a strict timetable based on the contract documents, it is designed to protect cash flow during construction. It generally covers claims relating to interim payments, delay and disruption of the works, extensions of time, defects and the final account. However it can be used for more complex claims. Dennis Venn is a qualified independent adjudicator who can make binding decisions to resolve disputes. Expert Witness - All of our surveyors are experienced in providing oral testimony, being cross-examined and the court process. Often our surveyors can resolve a dispute just by providing their independent advice before the matter becomes entrenched. With 7 experienced surveyors across a range of disciplines we are able to provide a comprehensive service often with more than one expert being involved in the same instruction being able to provide a range of expertise enables co-ordination of experts to be easier for the instructing solicitor Neighbourly Matters Living in close proximity can lead to conflict, with many owners’ knowledge of their boundary often unclear, access rights and covenants can often be open to interpretation. While the majority of Vickery Holman’s neighbourly matters instructions are regarding resolution of disputes, we encourage clients to contact us when considering drafting agreements to learn from the misinterpretations and lack of clarity we see too often in agreements and plans. The neighbourly matters department also deal with a variety of other areas of dispute including, Party Wall etc. Act, Access to Neighbouring Land Act, access agreements (scaffold, crane licences etc) Dilapidations The dilapidation process is “governed” by the LPA Dilapidation Protocol; all of our surveyors are conversant with this. Vickery Holman has extensive experience dealing with dilapidations claims from small £20,000 claims to claims in excess of £750,000. While rare, the team have also provided representation at both mediation hearings and the County Court. With both valuers and building surveyors we provide co-ordianted reapose to section 18 and building cost aspects of claims.

Graham Rogers Associates Ltd Graham Rogers is a Consultant Psychologist and in an ever developing practice he and his associates address the needs of those with learning disabilities and mental health problems. His own work as a psychologist and expert witness has taken him to many courts, including The High Court, The Central Criminal Court, as well as to high profile cases, where his insight has assisted courts in enabling vulnerable people to access proceedings. He first gave live evidence in 1991 and has continued to do so since that time.

T: 0795 217 0627 E: info@grahamrogers.org.uk W: www.grahamrogers.org.uk Article: Psychologists CV’s In working as an expert witness, one sees a variety of people claiming expertise and titles that sometimes leaves a little to be desired. Of course, the situation is complicated because CV’s are difficult to understand and interpret and hence, identifying what an expert psychologist looks like is challenging. In this article, I will attempt to assist the reader regarding what to look for, and what to avoid.

Qualifications Firstly, nearly all professional psychologists have two university degrees in psychology, an undergraduate degree, and a university post-graduate degree. Hence, if the person does not have at least two university degrees, they may be involved in ‘psychology,’ but they will not have received any post-graduate university level training as a professional psychologist. Example: I was referred a case in the autumn of 2018 where I was asked to conduct a second opinion of a victim of an alleged sex crime. When the papers arrived I read the psychologists report and decided it was not necessary to see the victim, rather I simply analysed their report.

The victim was an older lady, retired, who had received limited education because her parents took her out of school. She lived independently, being able to cook, shop, clean and maintain her property and for many years, she worked in a factory. In reviewing the report, I immediately saw that the ‘expert’ began by making a series of basic errors. Indeed, in assessing the victim, the ‘expert’ ultimately declared she had a learning disability (LD)…oops! To have a learning disability, now called a Disorder of Intellectual Development (ICD-11; 6A00) one must fulfil three criteria, an IQ below 70, a history of learning disability dating back into childhood/school, and a deficit in functional/daily living skills. However, there was no history or evidence of a deficit with daily living skills, or a relevant history of childhood problems. Finally, the expert failed to see that a number of factors might explain the low IQ score. One of which was not attending school, another was her age. Importantly, the ‘expert’ failed to consider cognitive decline, Alzheimer’s or dementia; what a post-graduate university trained psychologist might consider as the basics. This psychologist, this ‘expert witness,’ had one university degree, many years ‘experience,’ but significant gaps in her knowledge and as a result, the ‘experts’ report was withdrawn. Although the ‘psychologist’ had the title, the lack of post-graduate training showed.

Experience When the psychologist has two degrees one then needs to consider when they qualified, reflecting the professional experience they potentially bring to a case. In many respects this is where the CV comes in, and the ability to interpret it. Example: A barrister contacted me from a case at High Holborn, immediately sending me a report, asking if I could have a look at it. The court was expressing confusion with its qualities and as such, they asked for informal assistance. The barrister said that the psychologist told the court they had 12-year experience….oops! Rather than reading the report, I began with the psychologists CV, and immediately spotted the issue for the court. In this case, the 12 years’ experience consisted of 3 years as an undergraduate completing their first degree, 2 years as an assistant psychologist, 3 years as a (university) trainee post-graduate psychologist leading to the qualification as a psychologist, 1 year as a qualified psychologist under supervision, and 3 years fully qualified: 3 + 2 + 3 + 1 + 3 = 12 years. That is, the psychologist had 4 years as a fully qualified professional, and the first of those years supervised, as a newly qualified practitioner. In explaining this, the court immediately understood why the report was ‘confusing.’ To aid the reader, an ‘assistant psychologist’ has one university degree, and is professionally unqualified. Their role often involves undertaking more mechanical tasks, such as basic testing, for which they may or may not, be trained.

Expertise and seniority: Consultant Psychologist There are three types of Consultant Psychologist. However, before explaining, one should note that local government and the NHS simply call the ‘same professional grades’ by different names. Nevertheless, they are both, in essence, ‘consultants,’ and as such, rather than discussing the merits of the different names I will call them by the common name used in the NHS and the courts; they are all consultants. Firstly, there is the self-appointed consultant, so-called because they consult with others. They may be very good at what they offer and indeed, what they offer may have expertise within it. However, the psychology profession as a whole has not indicated they warrant the more senior title of ‘consultant.’ Secondly, there is the internal promotion to the post of consultant. This is where management internally promotes to the role, often due to changing structures within the organisation, or because the promoted person is the most senior person still in post. Again, the psychology profession as a whole has not indicated the person warrants the title of ‘consultant.’ Finally, there is the competitive interview. A panel typically involving at least two existing consultants interviews the psychologist applying for the post. This is more challenging, in part because there are few consultant grade posts available, and the standards required by applicants are higher. Here, the psychology profession, via the existing consultants, assesses the applicant with the use of ‘National Assessor Standards,’ and by appointing them, indicates they achieve the appropriate ‘senior’ standard. Hence, when an individual claims they are, or have been, a ‘consultant,’ one may need to look a little closer to 37 ensure you are getting what you think you need.

Everyone’s an Expert or are they? by Rod Appleyard.

It may sound obvious, but the first step in picking an expert is: do they know the subject matter? A bit of hands on experience and industry knowledge is all very well but an expert surely needs more than that and yes they do much, much more. There are plenty of bar room solicitors about and there are just as many bar room experts. They know it all, that is until it goes wrong, then admit, that they know about as much as you do. By that time it is too late and the scene is set, just remember you get what you pay for nothing more nothing less. A good expert no matter what discipline is worth their weight in gold. Find yourself an expert that is known to be fair, open and has worked in the dispute arena for some time in the discipline you are interested in. Ask about previous clients, good work of this nature always has supporters even from those that were on the other side so to speak. Only an expert who maintains his impartiality is worth his salt no matter who the client is, or how much money they are paid. Experts are required by law to abide by certain legal requirements and codes of practice. The principal requirement is the Civil Procedure Rules, s35, its 2009 and later amendments, better known as ‘CPR’. All legal directives say the same that it does not matter who pays the bill the evidence shall be the same as the experts first duty is to the courts, and shame on anyone who steps outside that criteria, as they will be subject to the wrath of the courts. This used to be known as the Ikerian Reefer Principle after a very high profile case that went all the way to the Law Lords. Now it is referred to as simple Next look to see if they are 'part 35'. So don't be offended if they say no to certain requests, they know that you are there to do the best for your client however there are members and governed by, some lines that they should not crossed, if you make them you may a professional body The regret it at a crucial moment in the case. Academic qualifications mean more that just having 20 years in the trade they indicate that your expert is capable and does stay on top of the discipline. They are not worth a jot if they cannot produce a clear concise, court compliant report that can be read by a judge. So it is not just discipline training that is important but also training in being an expert witness that is important. Beware of an expert that goes off on a frolic and throws all but the kitchen sink into a report. They should consult with you and ask what supporting documents you may require and how much detail is needed. The largest culprits are the construction industry we write reports full of jargon and technical details, which often can send an insomniac to sleep let alone a judge. From this you will understand that too brief is definitely not good, but too detailed can be just as bad. Make sure that you instruct correctly. It is no good not knowing what you don't want until you get, it makes for a poor relationship with your chosen expert. And last but not least your expert will ask you to sign their terms and conditions, all the experts that I know that are any good have these and will not move a muscle on an instruction until they have these signed, also do not be surprised if they ask for a deposit up front, this is getting more and more common. No mention of cost I hear you say, well no more is it applicable than with appointing an expert, you get what you pay for, good experts never give fixed costs as it restricts their report and that is what you are paying for their expertise and the report. I often suggest setting a budget and when it gets near the top end discuss where the money needs to be spent and if it is going to exceed the budget and by how much.

Phone: 01274 569912

Fax: 01274 39 565132

Royal Institution of Chartered Surveyors or the Chartered Institute of Building are two that spring to mind. Then to a lesser extent the Expert Witness Institute, Academy of Experts or Society of Expert Witnesses. All have professional conduct requirements. Unfortunately, however good they are in an emergency the AA or RAC does not count, neither do trade bodies as they have a built in conflict of interest that will cause problems in court. Now look at training and academic qualifications, all professionals are trained, so should your expert be, remember you are going to pay this person a lot of money for their expertise.

Email: VAssc@aol.com

Jon Knights Materials Consulting Ltd Materials technology services for civil engineering and construction

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Jon Knights is a Chartered Engineer and Chartered Scientist with 25 years wide-ranging global experience in concrete technology and materials consulting, with the following specialisms:

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Extensive expertise in forensic investigation of construction materials and concrete, deterioration mechanisms, and analysis of root cause, along with experience in a wide range of condition survey techniques and analytical interpretation of test data.

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Comprehensive experience in design, specification and testing and investigation of all aspects of construction materials, concrete technology and construction processes, expertise in concrete durability, coatings, waterproofing and protection of concrete.

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Expertise in residual life optimisation, repair and asset management strategies for buildings and civil structures.

Expert Witness experience: Extensive portfolio of expert investigations, and dispute resolution services for legal teams and loss adjusters. Attendance to court and tribunal. Reporting to CPR Part 35. Up to date training (Bond Solon): Expert Witness Reporting, Witness Familiarisation/ Cross Examination/ Civil Procedures. • • • • • •

Fellow of the Concrete Society and an active participant on the Design and Materials standing committees. Professional member of the Institute of Materials, Minerals and Mining (CEng MIMMM) Chartered Scientist (CSci) Fellow of The Institution of Civil Engineers (FICE) Fellow of Concrete Society (FCS) Standing committee member for the British Standards committee for concrete specification and production (B517)

Contact For further information, advice or enquiries please use the following contact details:

Jon Knights Jon Knights Materials Consulting Ltd Tel: +44 (0)7837 486850 Email: jonknights@jkmc.co.uk Website: www.jkmc.co.uk

Design Construccon Highways Expert Maintenance

Mr Nikhil Shah

FRCS(Tr & Orth) FRCS (Glasgow), MCh(orth) Liverpool, MS(orth), DNB(orth) MBBS

Consultant Orthopaedic & Trauma Surgeon Speciality Areas: Elective Practice

include: • • • •

Primary hip and knee replacement Revision hip and knee replacements Complex primary hip and knee replacement Complications following joint replacement- infection, dislocation, loosening, periprosthetic fractures • Sequelae of trauma, Perthes, previous osteotomy, deformity, dysplasia, SUFE • Post trauma hip replacement / reconstruction after hip / acetabular fracture • Knee arthroscopy, meniscal tears Trauma Practice • • • • • •

Regional Tertiary North West Pelvic Acetabular Fracture Service Pelvic and acetabular fractures Periprosthetic fractures of the acetabulum, femur, tibia General orthopaedic trauma and fractures, soft tissue injuries Long bone and peri-articular fractures Acetabular non-unions and malunions

Design initis Construccon tants.co.uk of smell & taste enquiries@munro-consulMaintenance www.munro-consultants.co.uk traffic accidents enquiries@munro-consultants.co.uk Mr Shah provides personal injury reports in his area of regular practice including Traffic accidents, soft tissue injuries, musculo-ligamentous trauma, common fractures around the upper limb, lower limb long bone and joint fractures. His clinical negligence practice deals with complications after hip and knee replacement and revision surgery as well as pelvic-acetabular fractures. Claimant: defendant : SJE 40:40:10.

01638 01638 563627 563627

www.munro-consultants.co.uk

Contact:

Nikhil.shah@consultantcare.com 0161 393 3059

Mould or other fungal issues?

Mr Sarwat Sadek MBBCh FRCSI FRCS(ORL-HNS) FRCS

Mr Sarwat Sadek has been practising as an ENT Consultant for over 35 years and is currently Consultant Otolaryngologist and Head & Neck Surgeon at Musgrove Park Hospital and the Nuffield Hospital, Taunton. He has a wide range of experience in all aspects of adult and paediatric ENT and Head & Neck Surgery and can act as an expert witness, including appearing in court, in all cases relating to these areas.

• Mould growth in buildings, on foods and manufactured items • Poisonings • Times of deposition • Estimating post-mortem interval • Site surveys • Expert Witness (Civil and Criminal) • Linking people or object with places

His specialist areas of interest include: • Industrial deafness • Occupational rhinitis • Facial & neck trauma • Traumatic loss of sense of smell & taste • Deafness, tinnitus and vertigo as a result of road traffic accidents

Work undertaken for manufacturing companies, individuals, police forces, solicitors, insurance companies and local authorities UK and overseas. Please Contact Katie Popham (secretary) E:sadekmedsec@gmail.com T: 07495606762. Somerset Nuffield Hospital, Staplegrove Elm, Taunton TA2 6AN

Consultant Professor David L Hawksworth CBE BSc (Hons), PhD, DSc, FD (hc), FRSB, CBiol, FLS

07551773640 or davidh.independent@gmail.com

24 Hour Nationwide Service

Digital Forensics & Cell Site Analysis 

Defence Specialists in Child Pornography, Terrorism and Fraud

Computer Forensics  SatNav Forensics  Mobile Phone Forensics  E-Discovery & E-Disclosure  Chip-off Forensics  CCTV analysis  Social Media Analysis 

Cell Site Analysis  Data Recovery & Preservation 

0330 660 0052 or 07921 579910 sarah@evidence-matters.com

www.evidence-matters.com

Established 1996 42

Chris Dawson Consultant Urologist MS FRCS LLDip Consultant Urological Surgeon North West Anglia NHS Foundation Trust, and the Fitzwilliam Hospital, Peterborough.

Specialising in:

Chris is a consultant Urologist with 20 years experience. He has formal training in personal injury and medical negligence reports, and completed the Bond Solon Expert Witness Certificate in 2006. Chris completed a diploma in Law in 2008 and has 15 years experience of writing medicolegal reports and has currently written over 1100 reports.He is also happy to accept instructions for personal injury, clinical negligence, and condition & prognosis reports.

Contact

For all enquiries please email on: chris@chrisdawson.org.uk or call 07711 584939

Dr James Bromilow

William A Scott MBBS FRCS (Eng)

BM MRCP FRCA FFICM

Consultant in Intensive Care Medicine and Anaesthetics Expert Witness

Consultant Orthopaedic Surgeon Areas of Expertise:

• Orthopaedics • Foot and ankle • Hand, wrist and upper limb • Hip and knee • Shoulder • Spine and neck • Whiplash • Sports medicine • Road traffic accident (personal injury) • Falling, tipping and slipping accidents • Fitness to work (personal injury)

Extensive experience and formal training in acting as Expert Witness on behalf of Claimant (55%), Defence (45%) and Single Joint Expert (5%) for Civil Court, Coroners Court and Professional Tribunals.

Contact:

Tel: 07946 194162 https://www.intensivecareexpert.co.uk

Contact Details:

Tel: 0208 460 5544 Email: william.scott48@gmail.com

www.ccarht.org

THINK TANK CCARHT Dr Pemberton Ford has been working in the field of human trafficking, migration and asylum services, with a particular specialism in cases from West and Central Africa, the Balkans, and the particular challenges of Gender Based Violence within this sector over the last two decades. Ten years ago, Dr Pemberton Ford founded the well-respected national Think Tank CCARHT – based in Cambridge and working alongside a number of University of Cambridge departments (Criminology, Centre of African Studies, International Relations and Centre for Social Enterprise Judge Business School). This centre now runs an internationally respected yearly symposium on a range of challenges emerging from the field of Human Trafficking, with specific interest to law firms working on Human Rights, Refugee conventions, Gender Based Violence, and the current ‘hostile environment’ to migration currently in play.

CCARHT SUMMER SYMPOSIUMS 2018 Summer Symposium CCARHT explored the challenges of the Five Ts of Human Trafficking: Terror, Trauma, Transport, Supply Chain Transparency and Tech.

2019 Summer Symposium The 2019 Symposium will address the Several Rs of Trafficking, Registration and age allocation, Returns to countries of source, Organ Removal, Human Rights violations and Reintegration. For further information on this annual week-long symposium visit www.ccarht.org/symposium.

www.ccarht.org

EXPERT WITNESS: DR CARRIE PEMBERTON FORD

Human Trafficking, Domestic Servitude, GBV, Safeguarding Returns

The author of a number of high-level, policy influencing reports, Dr Pemberton Ford is currently developing two European and UK sponsored pieces of research on Nigerian trafficking routes and techniques of trafficking control, having researched and written the breakthrough study on the challenges faced by the African Diaspora Churches in the UK, in responding to domestic servitude, GBV, and modern slavery offences. Behind Closed Doors is available on www.ccarht.org/publications. In January 2019 she launched with the Rt Hon Ian Duncan Smith and the Rt Hon Maria Miller (Minister of State), her work on a seven country European Study on the risks facing unaccompanied minors, in accessing their rights in relation to the UNCRC – A Seven Country Mapping Child Trafficking in Europe, appropriately enough, in the Churchill Rooms of the House of Commons. Dr Pemberton Ford has over a decade’s experience as an Expert Witness working at Tier one to three in Tribunal cases. She looks forward to a conversation with your team to develop in-house training if that would be helpful, and to fulfilling Expert Witness briefs as they emerge in your portfolio of protection.

Contact Dr Carrie Pemberton Ford for a free initial consultation for a client you think could be assisted: 01223 891765, or email expertwitness@ccarht.org Cambridge CB21 6DD

Visit: www.prometheus-fs.co.uk

WHO WE ARE An independent company specialising in matters relating to all types of fires and explosions caused by gas and volatile ignitable liquids. Combined, we have over 50 years experience in forensic science and fire investigation. We supply our services to legal and insurance sectors throughout the UK and worldwide. There is no charge for an initial consultation by telephone or email. To enquire about our services please contact us and we will be happy to discuss any requirements you may have.

TELEPHONE

POST

Office: 01342 314384 Mobile: 07342 191354

enquiries@prometheus-fs.co.uk PFS.enquiries@prometheus.cjsm.net

Unit 8, The Barns Bulrushes Business Park Coombe Hill Road East Grinstead, West Sussex RH19 4LZ

We also run an on call service outside of office hours, so please do not hesitate to contact us at any time on 07342 191354.

REPORT AND STATEMENT PREPARATION Expert witness statements produced for criminal cases conform to Crown Prosecution Services requirements. All information is recorded, retained and revealed in accordance with the Criminal Procedure and Investigations Act 1996. An index of all material is maintained throughout the investigation. As forensic scientists we are fully aware that when new evidence is brought to light that our opinion on the meaning of evidence and our conclusions may change. We will always inform our clients as soon as is reasonably practicable if our opinion has varied from that we have given to them. As our overriding duty is to the court we work to ensure that the evidence we supply is unbiased and independent. When instructed in civil cases we comply with the Civil Procedure Rules, specifically Part 35. As expert witnesses our duty is always to the court and we provide opinions which are independent, regardless of the instructing party. Our reports take into account all of the material facts known to us at the time of writing. We set out those facts and any materials on which we rely to form our opinions. The certainty in whether or not a definitive conclusion can be made will always be clearly expressed within our reports. We are familiar with the general duties of an expert witness and our reports hold a full declaration of that understanding and a statement of truth.

CASE CONFERENCES We have experience of case conferences with barristers, police, solicitors and other scientists. These can occur at any stage during the investigation, from the scene to the court. We are adept at discussing and explaining our findings with all parties at case conferences. Case conferences may be requested by the court, barristers or solicitors and we will always make ourselves available for such discussion in person or via remote teleconference where appropriate. Occasionally, especially if the evidence is complex, we may suggest a conference with the barrister in order to ensure that the evidence is sufficiently clear for the court.

EXPERT WITNESS As expert witnesses we have many years of experience attending courts across the UK and internationally. Attendance at Crown courts, Coroners Courts and Magistrates Courts is a regular part of our work load. We are adept at explaining to the jury and to the court the complex scientific hypotheses and interpretations in appropriate language using examples to help with the understanding of the concepts, several of our testimonials confirm this.

Kidd Consultancy Services Limited

Since 1989 we have provided independent specialist construction consulting services including: • Commercial and contract management • Claims and dispute management • Program management • Forensic delay analysis.

Tel: +44 (0) 208 3378697 Email: enquiries@kiddconsultancyservices.com

Eric Drabble Consultant Surgeon Specialist

Specialist in issues arising from; â&#x20AC;˘ breast â&#x20AC;˘ breast reconstruction â&#x20AC;˘ general and hernia surgery Having spent more than 20 years helping medicolegal teams prepare and present their cases, I have seen how vital it is for the medical specialist to identify the pertinent point, or points, of a case, and then explain, and present them in a clear and objective manner, that facilitates interpretation and judgement by the court. Over my many years as a consultant surgeon, I have been proud to have developed new practices in Breast reconstruction surgery, new methods of delivering hernia surgery, instigated development of new support networks for surgeons, and both led a breast cancer network, and represented our region at a national surgical committee, for several years. In the later stage of my career, I am now committed to developing and delivering training of new surgeons, and committed to the delivery and development of basic surgical skills courses for the Royal college of surgeons, providing junior doctors, medical students, and allied healthcare professionals, with a safe, basic set of skills, and help prevent them making mistakes in their future careers. This commitment has provided an insight into how basic errors can be made by any clinician during a practical procedure, regardless of their experience, and how that can lead to complication or catastrophe, and how to explain that sequence of events.

Contact details

Tel: 07533 186772 / 01752 695750

Email: pbgsurg@icloud.com 49

What is Chronic Pain? & Why do you need to instruct a Pain Medicine Expert? What is a normal pain experience?

We have all experienced pain. Stubbing your big toe is a soft tissue injury. Local pain receptors are stimulated & the signals pass up nerves running through your foot, leg & pelvis finally relaying in your spinal cord, these signals pass onwards to various areas of your brain where they are interpreted as the pain experience that we are all familiar with. With an intact nervous system, you will still feel pain in your toe with your eyes shut & you will not experience pain elsewhere from the same injury. Within a short period of time the local tissue irritation will settle & your toe is no longer sore. When you bang your elbow (funny bone) the pain experience is different, although the pathway is similar, a nerve has been irritated as it passes through a groove by your elbow joint. The pain experience is more electrical, numbing & “pins & needles” as this is more of a neuropathic problem (injury to the nervous system) but the feeling invariably passes quickly, as the local irritation is fortunately minor. But pain is more than just the “biological” namely a local irritation & a nerve path with some brain interpretation. It also includes psychological & social components of suffering. Consider the toe injury occurring walking across a dark room that you fear there are rats & sharp glass in. There is a sudden feeling of pain in your big toe. The stubbed toe pathway kicks in, as all you have done is stubbed your toe, BUT the psychological component of the pain suddenly becomes far more relevant, is it a rat bite? Have you sliced it on broken glass? The pain invariably gets magnified as the psychological context of the injury is magnified.

What causes chronic pain?

When the acute pain experience continues well beyond normal tissue healing (arbitrarily defined as 3 months) we describe the pain as chronic pain. Chronic pain arises from changes in pain processing in both the periphery (the big toe end & local nerves), the junction between local nerves & the spinal cord, changes within the spinal cord & integrative centres in the spinal cord & brain. Pathology can occur in receptor systems, feedback loops, & integrative complexes. Most of these changes are now starting to be revealed as our techniques in genetics, brain imaging & receptor biology develops. Even this brief biological description of why chronic pain develops is incomplete without the inclusion of the psychological component of the suffering (remember the rats?) & the social implication of chronic pain, (I can’t do my job because of back pain, how will I support my family?). These 3 components combine to depress the mood, interrupt the circadian rhythm (your sleep/ day/ night cycle) & further degrade pain processing through lack of inhibition, namely the dampening of pain signals travelling towards the higher centres of the brain.

This is the bio-psycho-social model of chronic pain experience. The understanding and management of chronic pain arising from such mechanisms is the particular area of expertise of Pain Medicine. 4the.link/painexpert 51

Dr Jan Harris B.D.S Dental surgeon / medico-legal(dental)expert witness

Areas of expertise • Clinical Negligence • Dental • Dental Accidents • Dental Negligence

• Dental Implants • Dentures • Medico legal • Personal Injury

Profile

I am a general dental practitioner with over twenty-eight years’ experience and have worked in both NHS and private practices. I have been the principal of multiple dental practices for over twenty years and I still practice dentistry part-time in surgery. I have owned and managed several dental practices as corporate bodies, partnerships and as a sole trader. As a practice principle I have been responsible for the performance and quality of the work of many dentists.

Education

1979 - 1986 The King David High School, Liverpool 1986 - 1990 University of Manchester Bachelor ofDental Science (BDS)

Professional History

1990 - 1995 associate dentist at: • the Anfield dental centre, Anfield, Liverpool -   the Speke dental centre, Speke, Liverpool • the Swinton dental centre, Swinton, Manchester 1995 - 2007 owner and principal dentist at: • the Swinton dental centre, Swinton, Manchester • the Euxton dental centre, Euxton, Lancashire • the Westhoughton dental centre,  Westhoughton,bolton • the Padgate dental centre, Padgate, Warrington • the Fallowfield dental centre, Fallowfield Manchester 2005 -2018 owner and principal dentist at: The Newtown dental centre, Newtown, St Helens Broadway dental care, Eccleston, St Helens 2009 - 2011 partner and principal dentist at: The Urmston dental centre, Urmston, Manchester (private practice) 2000 - 2001 : Tutor in oral surgery at Manchester dental hospital 2008 : Implantology training at Trafford general hospital

Training & Courses

Medical emergencies legal and ethical issues and complaints handling cross infection control and decontamination safeguarding of children and vulnerable adults - level 2 Radiation protection oral cancer dental appraiser dental implants.

Expert Witness Training

A - Z of clinical negligence AVMA: dental negligence Academy of experts: Foundation course, excellence in report writing Bond solon: Civil procedure rules, excellence in report writing, courtroom skills I have been preparing expert witness reports (primarily claimant) for approximately 4 years. In this time I have developed a close working relationship with a number of clinical negligence practices and i continue to develop my skills with ongoing cpd and training.

Contact details

TEL : 07711954631 GDC NO. 65973 EMAIL : janharris@me.com DR JAN HARRIS, 6 CHARCOAL WOODS, CHARCOAL ROAD, ALTRINCHAM CHESHIRE, WA14 4RU 53

Dr Matthew Cahill has worked in a variety of psychiatric services in London, Manchester and Cardiff, as well as gaining international experience in Brisbane and Perth, Australia. This has helped him to develop his knowledge and skills in many different areas of psychiatry. During his 10 years as a Consultant, he has established special interests in eating disorders, post-traumatic stress disorder, mood disorders, anxiety disorders, capacity and the interface between physical and mental illness. He is currently the Clinical Lead for the Cheshire and Wirral Partnership NHS Foundation Trust Eating Disorder Service, overseeing a nationally recognised inpatient unit in the Wirral, and three satellite community clinics. These services cover a population of 3.5 million across the North West of England and North Wales, and therefore he manages the most complex eating disorder patients, and their psychiatric comorbidities, in the region. He is an elected member of the Royal College of Psychiatrists Faculty of Eating Disorders Executive Board, and a core member of the regional MARSIPAN (Management of Really Sick Patients with Anorexia Nervosa) Group. He is an Honorary Lecturer at Liverpool University.

WHY INSTRUCT DR MATTHEW CAHILL?

He has experience in providing medicolegal reports and second opinion assessments for a wide range of psychiatric disorders including: o

Eating Disorders

Mood Disorders

o Anxiety Disorders including PostTraumatic Stress Disorders and Obsessive Compulsive Disorders o

Psychotic disorders

Personality Disorders

Somatoform and Conversion Disorders

Stress Disorders

Military Psychiatry

Capacity and Fitness to Plead Assessments

His breadth of knowledge and experience allows him to offer expert opinions for the most complex psychiatric cases. He has acted for both Defendant and Claimant in a range of psychiatric cases, including Personal Injury, Clinical Negligence and Fitness to Work Assessment. He covers a large area of the North West and North Wales, and he assesses clients at his rooms in Chester and Hale, any day of the week, which offers clients flexibility. In most cases, clients can be seen within two weeks from instruction, with a four week turnaround for completion of report.

Contact me:

Email: info@matthewcahillconsulting.co.uk Website: www.matthewcahillconsulting.co.uk 54

Eating Disorders and the Law It is estimated that more than 725,000 people in the UK are affected by an eating disorder. The National Institute of Health and Clinical Excellence estimates around 11% of those affected by an eating disorder are male. Eating disorders can become severe and enduring, lasting for many years and can have a hugely debilitating effect on the sufferers and their families. Anorexia has the highest mortality rate of any psychiatric disorder, from medical complications associated with the illness as well as suicide. Research has found that 20% of anorexia sufferers will die prematurely from their illness. Anorexia has a mortality ratio of 9.6. Bulimia is also associated with severe medical complications, and binge eating disorder sufferers often experience the medical complications associated with obesity. In every case, eating disorders severely affect the quality of life of the sufferer and those that care for them. As with all types of mental illness, there are significant crossovers with the law. Often, sufferers lack insight into their illness, and capacity to make decisions about their treatment, with can lead to the need for the Mental Health Act. Although least restrictive options are always preferable, unfortunately, forced treatment is sometimes required in order to preserve life. The Court of Protection has also dealt with five cases of anorexia nervosa in the United Kingdom, Re E (2012), Re L (2012), Re X (2014), Re W (2016) and re Z (2016). These are cases of chronic anorexia nervosa where the sufferers were deemed to be untreatable by the medical team, after exhausting all attempts to treat, and believing that the treatment was doing more harm than good, which was felt not to be in the patients’ best interests. These are understandably extremely complex cases, riddled with ethical, medical and legal conundrums, as well as being highly emotive for all involved. In most cases, the court ruled that it was not in the patient’s best interest to force feed. There are also a number of cases of acquired brain injury, secondary to motor-vehicle accidents, where the client had suffered an eating disorder following the trauma. There is overwhelming evidence in medical literature that eating disorders can arise from the direct head injury, as well as from the secondary consequences of the trauma. For example, Uher and Treasure (2004) systemically reviewed 54 previously published case reports of eating disorders with brain damage. They concluded that although simple changes in appetite and eating behaviour occur with hypothalamic and brain stem lesions, more complex syndromes, including characteristic psychopathology of eating disorders, are associated with frontal and temporal lobe damage. They suggested a major role of frontotemporal circuits with right hemispheric predominance in the pathogenesis of eating disorders. There are many aetiological factors associated with eating disorders including trauma, abuse, stress, bereavement, employment issues, and accidents, all of which may arise in a legal case. There are huge financial implications to the sufferer, the carers and to society. The direct financial burden related to treatment travel and other costs are on average c. £1500 per year. This impact is also mirrored for carers who reported an average level of £2,800 across the same categories. The average annual cost to treat someone with an eating disorder is £8,850. In relation to the impact of time off work, levels of c.£650 per annum were recorded for sufferers under 20, c. £9,500 per year for over 20’s and c. £5,950 per annum for carers. Overall, the total treatment costs to the NHS are between £3.9 billion and £4.6 billion and lost income to the economy of between £6.8 billion and £8 billion. Eating Disorder Psychiatry is a very specialised area of mental health, with only around a hundred consultants working in the UK, with even fewer regularly involved in medicolegal work. In addition to more general areas of adult psychiatry, I also have experience in the medicolegal area of eating disorders, having offered expert opinions in a range of cases, as well as taking the most recent case (Re Z) to the Court of Protection. References http://www.mentalcapacitylawandpolicy.org.uk/anorexia-handing-back-control/ Uher R, Treasure J (2004) “Brain lesions and eating disorders” J Neurol Neurosurg Psychiatry 2005; 76 : 852-857 “The costs of eating disorders; social, health and economic impacts” Beat, February 2015

I am an Orthotic Clinical Specialist having built up my experience working for a leading orthotic service provider to the NHS.

Simon Kirkham of DETRU has over 25 years experience providing reports prior to criminal proceeding under the Misuse of Drugs Act and the Proceeds of Crime Act and giving oral evidence in the Court of Appeal and on every Crown Court Circuit in England, Wales and Northern Ireland, in Magistrates Courts, the Isle of Man and the Royal Court of Jersey. All controlled drugs are covered including new psychoactive substances and legal highs. Specific areas include: price, effects, consumption, patterns of use, potency, purity, packaging and street and dealer practices. Cultivation of cannabis cases additionally involve review of the growing operation, equipment, paraphernalia, yield, costs, medical uses and assessment of quality. Contact: Email: srkirkham@talktalk.net Tel: 07930 405548

I have been undertaking Medio-Legal work since 2011 and my specialist area of expertise within orthotics include gait and biomechanical analysis as well as orthotics for sports and musculoskeletal injuries and brain injury management. I have an MSc in Biomechanics and Bond Solon trained. My current split is Claimant (65%), Defendant (25%) SJE (10%).

Telephone: 0800 840 2775 Email: office@synergy-ocs.co.uk

If you think that our painstaking and thorough approach to casework could assist your case, our contact details are as follows:

OGT FORENSIC LTD

WEBSITE: FORENSIC-EXPERT.ORG Tel: UK 07766 286 001 Email: drjohndouse2@btinternet.com

WE PROVIDE A UNIQUE EXPERT WITNESS SERVICE THOROUGHLY ANALYSING THE CIRCUMSTANTIAL EVIDENCE AND THEN INTEGRATING THIS WITH THE FORENSIC EXHIBIT AND LABORATORY EVIDENCE. THIS PROCESS OFTEN PROVIDES INSIGHTS INTO THE CASE RESULTING IN FURTHER CRITICAL INVESTIGATIONS, WHICH HAVE THE POWER TO TRANSFORM THE OUTCOME OF THE CASE IN COURT.

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• Murder, Rape, Alcohol/drug Road Traffic cases, Toxins (Ricin/Insulin/Thallium/ Chemical Warfare Agents). • All aspects including: identity purity, synthesis, laboratories, analysis, medical uses, cultivation, yields, counterfeits. • Innocent transfer mechanisms, quality control, cross contamination, complex profiles. • Innocent transfer mechanisms, origins, quality control, interpretation of patterns of residue. • Unique combination of practical military expertise in creation of IEDS, use of instructions in official and unofficial download manuals, chemical synthesis, trace analysis and quality control. • All aspects of chemistry applied to forensic science.

Gidon Lieberman MD MRCOG

Your fertility and Gynaecology specialist

I offer a medico-legal fertility expert service providing reports for the assessment of clinical risk and clinical negligence cases in my specialist areas of expertise. I kept abreast of current UK and international guidelines and protocols. I hold appropriate medico-legal indemnity with the Medical Defence Union and a copy of this is available on request. I limit my medico-legal work to my areas of my current NHS and private clinical practice. I do not offer reports in areas that I am not actively involved with. My specialist areas are: Assisted conception (including ovulation induction, IVF and ICSI) Menstrual disorders Polycystic ovarian syndrome Recurrent miscarriage Menopause Acute gynaecology Early pregnancy complications (including miscarriage and ectopic pregnancy) Hysteroscopic surgery Laparoscopic surgery for fertility indications If appropriate I see claimants in my consulting rooms and will organise appropriate investigations. My reports are prepared in a timely fashion. I normally have an informal, nocharge telephone conversation with a legal team before taking on a case.

T: 0207 125 0547

My charges are available from my PA, Yvonne Baillie on 0207 125 0547.

E: liebermanpa@gmail.com 57

Professor Sanjiv Jari Professor Sanjiv Jari is a Trauma and Orthopaedic Surgeon at Salford Royal Foundation Trust and at The Manchester Sports Medicine Clinic.

He is an Honorary Senior Lecturer in Orthopaedic & Trauma Surgery at the University of Manchester where he is also an examiner for undergraduate medical students. Contact my practice manager, Tom Bell:

Tel: 0161 445 9885 Email: Tom@thekneedoc.co.uk

Professor Jari’s medical-legal practice, Orthopaedic and Trauma Services has been undertaking medical legal report since 1996. He undertakes on average 500 reports per year and is an APIL Tier 1 expert. The instructions he receives are from medical agencies and directly from solicitors. His instructions are split about 50% Claimant, 30% Defendant and 20% single joint instruction. The waiting time for an appointment is within 3 to 4 weeks of instruction but can be shorter depending on location. Medical reports are usually completed within 7-10 days of the client’s appointment. The instructions vary from soft tissue injuries to multiple complex injuries. Professor Jari has been to Court as an expert witness on between 10 -15 occasions, providing either factual information or expert evidence and his opinion. Professor Jari also prepares medical negligence reports and has been doing so for the last 8 years or so. He undertakes approximately 60 - 75 negligence reports per year. He also offers a pro bono brief opinion on negligence claims if the solicitors can provide him with the facts of the case and any brief documentation that may identify the proposed negligence. In addition to his Medicolegal work, Professor Jari has a busy Private Practice and also works in the NHS; at Salford Royal Hospitals NHT Trust which is a Level 1 Trauma Centre. Professor Jari has given several medical legal lectures with his most recent being: • Mock Trial Event on Video Surveillance Evidence arranged by Irwin Mitchell Solicitors – Sept 2017. • Invited Speaker at Price Slater Gawne Solictors meeting regarding Medical Negligence – June 2018 • Invited Speaker at AvMA Northern LSG Leeds. Medical Negligence Lecture: The Medico-legal issues in Knee Replacement Surgery - November 2018

For further information: call Tom on 0161 445 9885 or visit www.oatsltd.com

Testimonial for Professor Jari

“I frequently instruct Professor Jari in serious personal injury cases where clients have suffered complex lower limb injuries. He is extremely knowledgeable and takes a very detailed approach to his work ensuring that he has all of the information that he requires before providing his prognosis. He can always be relied upon to provide clear and comprehensive reports. Professor Jari has an approachable manner and demonstrates unfailing patience. He is more than happy to assist the legal team and the clients by answering any questions, explaining his analysis and discussing the finer points of his reports.” - Catherine James Solicitor Irwin Mitchell LLP www.IrwinMitchell.com

Dr Rowland James Whale

MBBS MRCP (UK)

Consultant Physician and Geriatrician

Expert Witness for Ergonomics and Human Factors covering: Repetitive injuries, Manual Handling injuries, Slips, Trips and Falls

Producing Expert Medico-Legal Reports For 25 years

Areas of expertise include: • Elderly Claimants • Medical Negligence • General Medical Issues • Home Visits within England & Wales

We would be very happy to hear from you… Tel: 0845 4757 697 Email: admin@adeptergonomics.co.uk

To contact me please get in touch via my secretary:

Tel: 01223 479024 Email: sue.sanalitro@gmail.com

APD

Call: 07831 344140 Email: alan.dicksonmedleg@btinternet.com

MR ALAN DICKSON BSc, MBChB, FRCS (Ed), FRCS (Eng) Consultant Paediatric Urologist

We offer fast track access to psychiatric treatment in the South East and London

I have been a Consultant Paediatric Surgeon for over 30 years; I was Consultant Paediatric Urologist at the Manchester Children’s Hospitals and Central Manchester University Hospitals NHS Foundation Trust between 1988 and 2015. I am now in private practice in Manchester. During my consultant career, I have overseen a large clinical practice, both in general paediatric surgery, neonatal surgery and paediatric urology.

Whether you are looking for yourself, or are worried about a family member, or a friend, you can be rest assured that you will receive a personal, professional, and more importantly, a friendly response to your enquiry.

Adult ADHD

Excessive Drinking

Anger Management

Insomnia

Anxiety Treatment

Post Traumatic

Bipolar Disorder

Stress Disorder

Chronic Fatigue Syndrome Treatment

Stress & Worry

Complex Phobias

Low Self Esteem

Depression and recurrent •Depression

Simple Phobias

Eating Disorder (overeating/bulemia)

Pain Management

Talk to us.

My major interest throughout my clinical career has been paediatric urology, and, in particular, urinary tract reconstruction, including Neuropathic Bladder, Hypospadias, Vesico-ureteric Reflux and Bladder Exstrophy, but I have had extensive experience in all areas of children’s urology.

Anglo European Clinic Prittlewell House, 30 East Street, Southend-on-Sea, SS2 6LH

I have been preparing medical reports for over 25 years, both in the area of clinical negligence and personal injury. I have prepared in excess of 200 reports and given evidence both in court and at the GMC.

Appointments can also be given: Suite 4, 7 Harley Street, London 01702 464 099 info@angloeuropeanclinic.co.uk

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Professor David M Taylor BSc MSc PhD FCMHP FRPharmS FFRPS

SPECIALIST PSYCHOPHARMACOLOGY

AND

TOXICOLOGY

E dmt44@live.co.uk T 07769 698016 Director of Pharmacy and Pathology at The Maudsley Hospital, London Professor of Psychopharmacology, Kings College, London. International profile in research and author of several textbooks of psychopharmacology, including the Maudsley Prescribing Guidelines. Member of the DfT’s Drug Driving Expert Panel. Member of government’s Advisory Council on Misuse of Drugs. Provided expert witness testimony for more than 300 cases. Clinical expertise in the behavioural effects of antidepressants, opiates and many other drugs. Expertise in the effects of cannabis, cocaine, opioids, date-rape drugs and in their detection in urine, blood and hair. Expert in back-calculating drug plasma levels for both medicinal and illicit drugs. Acknowledged proficiency in negligence claims relating to pharmacists’ activities and to prescribing. Available for expert reports and court appearances.

Free estimates Fast turnaround61 when required

FORENSIC

INTERPRETATION

SCIENCE EVALUATION

EXPERTISE IMPARTIALITY

www.millingtonhingley.co.uk

Streamlined Forensic Reports (SFR) were introduced by the CPS to ‘reduce unnecessary costs, bureaucracy and delays in the CJS’, and to ‘ensure key forensic evidence that the prosecution intend to rely on is presented in the shortest and clearest way so as to achieve early agreement on forensic issues and to identify contested issues’. It is implied that SFR reports will outline the scientific evidence in such a way that the reader will fully understand the strengths and limitations of the scientific findings in context of their case. So do they? The ‘DNA Stage 1 SFR’ typically outlines the DNA match that exists between a crime sample and a named individual. That individual might then be asked to explain how ‘their’ DNA came to be present at that crime scene. Whether this is a reasonable question is best considered in the context of whether you feel that you could readily explain where your DNA might be. Not great lumps of your DNA, minute traces that you may have left purposefully or unintentionally on things, and including DNA that may have been further transferred by others, without your knowledge. The restricted format of the SFR does not accommodate a freestyle presentation of the complexities of DNA mixture interpretation and, in some cases, a further abbreviated report may be issued. These allow the scientist to discuss the nature of the DNA result and its evaluation in slightly more detail. However, if a DNA result (for example) is thought to have a leading role in an investigation, a full statement should then be commissioned so that the scientific evidence can be fully evaluated. This does not always happen. We regularly review cases that are approaching trial with only an abbreviated report (at best) or an SFR (at worst) available to the Crown. The consequence of this is that the CJS is effectively blind to what the DNA findings could mean in the context of the Prosecution and Defence alternatives. The interpretation of DNA is multi-faceted. It can involve an assessment of whether DNA can be attributed to a particular body fluid. For example, if blood is found on an item, is there confidence that the DNA result obtained from it actually came from that blood? It can also involve a consideration of what the DNA findings might mean in the context of the allegations that have been made. For example do the DNA findings help in determining how or when the DNA may have been deposited? This is an area of forensic thinking commonly referred to as ‘transfer and persistence’, and there are a number of research publications emerging on this topic, although case-specific data is limited. In our experience the potential impact of the scientific findings in an investigation, a DNA result for example, can change significantly depending when the evidence has been introduced into the criminal justice process, and the format of the report. SFRs and abbreviated reports might be popular because they are thought to accelerate the crime scene to court process, but if the findings on which the case is built can be neutralised once a full interpretation is conducted, it is arguable whether they are fit for purpose. As a general rule our advice would be that unless the DNA findings in your case have been specifically evaluated in light of the case circumstances, including scenarios presented by the Prosecution and Defence, their potential evidential significance should be considered as undefined. If you are dealing with a case in which these factors apply, please give us a call. We always offer free advice and we are able to provide quotes for Legal Aid purposes if necessary. We have been working in the arena of forensic evaluation, including DNA and body fluid interpretation, for over 40 years, and we can help you put the science into context.

WWW.MILLINGTONHINGLEY.CO.UK email: mail@millingtonhingley.co.uk / telephone: +44 (0) 118 380 0831 63

At Frenkel Topping our aim for the quarter century of our existence, has been to provide the highest quality of financial service advice, support and recommendations, predominatly to the recipients of clinical negligence and personal injury awards.

E: enquiries@frenkeltopping.co.uk T: 0161 886 8000 @Frenkel_Topping

/FrenkelTopping

Frenkel Topping: helping legal professionals maximise damages through expert witness services Frenkel Topping has over 30 years’ experience working with people who have suffered serious accidents or life-changing injuries – and understands the importance of helping protect clients’ financial futures. Expert witness services the company offers include loss of earnings, pension losses, periodical payment orders, accommodation reports and more. Its specialists can utilise key reports generated in these areas to ensure the best possible outcome for lawyers and their clients. James Reilly, partner at Ralli Injury Lawyers, speaks of how instructing Frenkel Topping’s expert witness service helped him with a case. “Frenkel Topping has supervised a number of pension loss reports on our highervalue cases, and substantially increased the value of each case each time. “The team’s reports are carefully researched and clearly presented, so the client is fully informed as to the best options available to them.

“They write each report in a bespoke manner and tailored to each client – which is of crucial importance when dealing with complex cases – and use a combination of their expertise and latest technology to assess each claim on an individual basis. “They provide clear, evidence-based reports to help compile a schedule of financial losses, including loss of projected earnings and pension monies. From there, they are able to confidently advise on whether to accept a lump sum or life-long periodical payments, plus assess the impact any damages might have on clients’ welfare benefits. “Recently, I took on a case for a brain-damaged young man who was formerly in the military. Frenkel Topping produced a pension report for the client and were a fantastic addition to the case. They worked empathetically and efficiently, understanding the sensitivity around the subject. “Frenkel Topping made sure that both my client and I remained protected.” Frenkel Topping’s specialists are also experienced in the establishment of personal injury trust funds and can provide bespoke training – free of charge – to help lawyers stay up-to-date on changes in the sector. In this way, the independent financial advisory firm can offer a true end-to-end experience. With decades of experience in additional areas including personal injury, clinical negligence, wealth management, investment management and more, Frenkel Topping has a well-rounded understanding of the industry and the way in which it operates.

www.sytech-consultants.com ◼ ◼ ◼ ◼ ◼ ◼ ◼ ◼ ◼

Specialists in Criminal Cases Extensive Courtroom Experience Civil Disputes Family Law Disputes Employment Tribunal Cases Full National Coverage Legal Aid Welcome Free Advice ISO 17025 and 27001 Accredited

Systems Technology Consultants Limited Investigation & Expert Witness Services

Mobile Phone Forensics • • • • •

Forensic Mobile Phone Analysis Recovery of Deleted Data Grading & Assessment of IIOC Expert Witness to Deliver Evidence iPhone Unlocking

Computer & Online Forensics • • • • •

Indecent Imaging (Possession, Making, Distribution) Hacking and Computer Viruses Forgery and Fraud Forensic Analysis of Computer Based Data Computer Contract Disputes

Cell-Site Analysis • • • •

Critical Review of Call Data Movement & Location Analysis Attribution & Association Communication Analysis

CCTV Evidence • •

Footage Recovery Presentation & Enhancement

Simplifying Complexity Midland Offices Stoke on Trent Alcester

Contact Details

Tel:01782 286300 DX:20707 Hanley enquiries@sytech-consultants.com 66

South West offices Newport Llanelli

Q. What roles does the Criminal Justice System require when dealing with Cell-Site Analysis and mobile phone evidence? A. An Administrator, a Jargon-Translator, a Mediator (between defence and prosecution), a

Project Manager, a Data Controller (GDPR), an Analyst, an Experienced Expert and an Effective Presenter. Furthermore, all these roles require competency, objectivity and integrity for the value of evidence to be fully obtained, or for the evidence to be suitably challenged.

Since conception, Cell-Site Analysis has been applied to serious criminal matters for almost twodecades. The analysis often provides powerful insight with regard to the location, movement and attribution of a mobile phone. This is based upon an historic record of the calls, texts and data transactions associated to a mobile telephone number. Specifically, it is the detail of the network antenna (cell-site) that a mobile phone number connected with at the time of each transaction. Under licencing requirement the cell-site detail is retained by the network operators for a period of 12-months. Consequently, time is often of the essence when considering or applying Cell-Site Analysis. The accuracy of this science is often considered vague by those not fully familiar with what has become achievable through the development of mobile phone networks and the increasing reliance on mobile phone usage. At the turn of the century cell-site coverage areas were measured in tens of kilometres. These days, cell-sites in urbanised areas are predominantly restricted to a few hundred metres and to less than a hundred metres in areas of high footfall (shopping centres and travel terminals etc.).

It still remains that Cell-Site Analysis does not triangulate the precise position of a mobile phone. However, overwhelming patterns of consistency often evolve, which intrinsically link to many other sources of evidential reference. Based on time over distance, Cell-Site Analysis can positively identify specific travel routes taken together with the mechanism of travel used (Road/Rail/Pedestrian). This evidence can often be combined with other evidential sources such as CCTV, ANPR, SAT NAV and the more recent emergence of of vehicle telematics data to form a compelling profile. All of this data requires experienced analysis, but also careful management to ensure that data sources are validated, verified, processed and documented correctly to admissibility. Thereafter, it is of major importance that the analysis and resultant evidence is communicated effectively for the understanding of all stakeholders in the courtroom process. SYTECH Digital Forensics were one of the earliest adopters of Cell-Site Analysis and have been perfecting the science since 1998. With such a wealth of experience SYTECH is fully qualified to fulfil all the roles required by the Criminal Justice System in order to maximise the value of CellSite Analysis or to challenge those that fail to deliver the evidence to the required standard.

SYTECH

www.sytech-consultants.com Email: enquires@sytech-consultants.com telephone: +44 (0) 1782 286300

DIGITAL FORENSICS