Expert Witness 2019 - 4th Edition by The Solicitors Group

Celebrating 15 Years of Quality Legal Exhibitions & Training

E- Publication

EXPERT WITNESS 2019 4th Edition

www.thesolicitorsgroup.com Call: 01332 226 601

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Contents...

1. Chapter 1 Lying closed the factory Whatâ&#x20AC;&#x2122;s

the background?.........................................................................7

What did the appeal court say?.............................................................8

2. Chapter 2 Experts in Crime The

background........................................................................................11

HANDLING A NEGLIGENCE CASE?

TALBOTCLINIC

Dental consultant and expert witness Toby Talbot has spent 20 years providing a fast track service for the legal community in cases of clinical negligence. Toby assists courts, counsel and judges in making accurate and well-informed decisions in cases relating to restorative dentistry and all aspects of prosthodontics, periodontics, endodontics and implantology. Causation, liability, prognosis and quantum are included, often rendering court hearings unnecessary. Consultation will be provided within a few days of written instruction and complete reports can be provided within 10 days. Whether acting for the claimant or defendant, please call.

01225 426 222 toby@talbotclinic.co.uk talbotclinic.co.uk

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FOR HELP WITH

FINGERS | HANDS | WRISTS

0345 4505 007 www.handsurgery.co.uk

Professor David Warwick MD BM FRCS FRCS (Orth) European Diploma of Hand Surgery

Apart from our eyes, the Hand is the most important organ through which we interact with our surroundings. Our personal independence, livelihoods and leisure all require competent pain-free hand function. The Hand can be affected by personal injury, medical negligence or the workplace, thus inevitably becoming an object of legal attention. Experts on injuries and conditions affecting the Hand and Wrist Personal Injury and Medical Negligence Claimant and Defendant Unbiased, sympathetic, meticulous, punctual Over 4000 reports over 20 years Informal advice by telephone and email Deferred fees on request Southampton, Winchester, Jersey

Email: davidwarwick@handsurgery.co.uk

FOR HELP WITH

FINGERS | HANDS | WRISTS

Professor David Warwick Consultant Hand Surgeon Hand Clinic, Nuffield Hospital Wessex, Southampton SO53 2DW

0345 4505 007

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A V I A T I O N

C O N S U L T I N G

Chapter One Lying closed the factory

The temptation to take short cuts in professional life faces everyone at some point in their working lives, and expert witnesses are no exception. But the majority act with integrity – ensuring their conduct remains within the standards expected. Pressure of work, an unhealthy work/life balance, poor mental health – even ‘moments of madness’ – can lead an individual to do something reckless and out of character. Unfortunately, greed can also be a driving factor, as a recent case illustrates1. A general practitioner (GP), who was clearly under immense pressure entirely of his own making, had been sentenced to six months in prison suspended for two years for contempt, having lied and repeatedly trying to cover his tracks. A subsequent appeal led to the Court of Appeal considering the issue of contempt of court on the part of an expert witness who makes a false statement with no honest belief in its truth. It is treated particularly seriously as it undermines the administration of justice. What’s the background? The GP was employed by the NHS and also ran a busy private practice in medicolegal work, frequently examining claimants in low-value personal injury claims. Using his own system and utilising appropriate software, he was able to produce around 5,000 reports a year reaping an annual gross income of some £350,000. He said he could examine a patient and produce a report within about 15 minutes. He did this at a fixed fee of £70 each. The GP was instructed to produce an expert report for a road traffic accident victim. However, the claimant was not happy with the prognosis he had included in his expert’s report because he had told him that the acute injuries had settled within a couple of weeks but he had ongoing symptoms of neck, shoulder and wrist pain.

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A revised report (which varied significantly from the original) was produced so there were two versions: the original and the revised version. The original report was inadvertently included in the trial bundle but it bore the same date and contained nothing to indicate there had been a previous report or that this was an amended report. Furthermore, it contained an identical declaration and statement of truth, and an identical further note at the foot of the relevant page. If the revised version had been included the deception would not have been uncovered. When enquiries were made by the defendant the GP signed a false witness statement and tried to cover his tracks. At the subsequent committal hearing, he was found guilty of 10 counts of contempt of court. On appeal, the Court of Appeal ruled that the GP should have been jailed immediately. What did the appeal court say? Both the original judge and the appeal judges were scathing of the GP. The judge had observed that when asked to amend his report, the GP was so busy that “he gave no thought to whether the amendments were justified and did not care whether the amended contents of the report were true or false: all that mattered to him was getting another report out”. He had tried to blame someone else and in doing so he acted dishonestly. The judge regarded this as the most serious of the GP’s acts of contempt of court: “a deliberate lie, designed to cover up what had really happened and particularly despicable because it sought to cast the blame on an innocent third party”. Furthermore, he (nor a solicitor who was involved) admitted their contempt and had, in fact, sought to justify it. The GP was described as “weak and cowardly in failing simply to acknowledge his mistakes when visited by the Appellant’s enquiry agent”. The appeal court set out in detail the legal framework for expert witnesses in civil proceedings and the penalties for contempt of court which experts and practitioners alike will find useful. The judge had stated that the seriousness of a contempt of court committed by a claimant who makes a false statement in support of a false or exaggerated claim for compensation has been emphasised in many cases. Interestingly, the judge noted the absence of any “authority or reported decision on the appropriate sentence to be passed on an expert witness whose reporting practices place him or her in contempt of court, or who tells repeated lies when questioned about them”.

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The appeal court made it very clear that the deliberate or reckless making of a false statement in a document verified by a statement of truth will usually be “so inherently serious that nothing other than an order for committal to prison will be sufficient”. This includes where an expert witness puts forward an opinion without an honest belief in its truth. In the case of an expert witness, the fact that they acted corruptly and made the relevant false statement for reward makes it even more serious. It is a serious contempt in any case because of the reliance placed on expert witnesses by the court, and because of the corresponding importance of the overriding duty which experts owe to the court. On that basis, the sentence imposed on the GP was too lenient for a number of reasons including: •

the inherent seriousness of the GP’s conduct in contempt of court,

aggravated by a number of factors including his desire to “keep his report-

writing factory running at full capacity” and being motivated by financial

gain; •

he persisted in the conduct which constituted his contempt of court, putting

forward false statements on three different occasions;

•

on one of those occasions he acted with deliberate dishonesty and then tried

to blame someone else; and

•

he then recklessly provided another, untrue explanation.

Interestingly, despite ruling that the sentence was too lenient the appeal court did not impose a more severe sentence. This was because the court set out a measure of guidance which was not previously available to those sentencing for contempt of court. The appeal judges took the view that it would be unfair to the GP to impose the adverse consequences of that guidance on him. The GP is currently barred from any further medico legal work while a GMC investigation is underway. The key takeaway is that those who make false claims should expect to go to prison and, as the appeal court stated, “solicitors and expert witnesses who act dishonestly in the evidence they give to the court, whether in support of such claims or otherwise, must expect a similar outcome”. The proper functioning of the court system depends on their honesty. 1

Liverpool Victoria Insurance Company Ltd v Zafar [2019] EWCA Civ 392

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Mr. Michael Potts

Dr. Alex Levit

Chapter Two Experts in Crime Expert witnesses can find themselves at the mercy of a trial judge’s tongue if there is reasonable cause. Criticism of an expert witness – particularly by judges in the higher courts – often hits the headlines. Praise, on the other hand, often stays hidden (it doesn’t make such good deadlines). This is not inherently a bad thing: important lessons can be learnt where things go wrong in proceedings of any nature. Where experts (or self-styled experts) are given a judicial berating other expert witnesses, as well as instructing solicitors, should not ignore it. Acting as an expert witness in proceedings is, after all, a serious undertaking with much at stake. The Crown Prosecution Service (CPS) reaped the consequences, earlier this year, of choosing ‘experts’ who were not in fact appropriate. It led directly to the collapse of a complex fraud trial. So what happened and what can other expert witnesses learn following this case? The background In a complex carbon credit fraud, the CPS instructed Andrew Ager as an ‘expert’ witness. However, he was unqualified and had no academic qualifications. He was instructed as the CPS required an expert witness to explain the world of carbon credit trading to the jury, but Ager had never even read a book on the subject. When his lack of experience and qualifications were discovered, the trial collapsed and the judge, Nicholas Loraine-Smith, commented in closing: “Andrew Ager is not an expert of suitable calibre. He had little or no understanding of the duties of an expert. He had received no training and attended no courses. He has no academic qualifications. His work has never been peer-reviewed.” Concerningly, it also emerged that Ager had previously been used as an expert witness in more than 20 fraud prosecutions, the safety of which are undoubtedly under review following the trial collapse.

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It is important to note that there is no legal requirement for an expert witness to be formally qualified or have paper qualifications. The requirement is ‘expertise’, the relevant test for which remains that set out in Bonython [1984] 38 SASR 45: “… whether the subject matter of the [expert’s] opinion forms part of a body of knowledge or experience which is sufficiently organized or recognized to be accepted as a reliable body of knowledge or experience.” Checking the credentials, qualifications and experience of an expert witness is basic due diligence for the instructing lawyers; and one wonders what levels of due diligence the CPS ordinarily applies to its expert witnesses. Where the expert’s credentials stand up to scrutiny, it is then important to ensure they understand: •

the rules of the court;

•

their legal duties to the court and to their client; and

•

that they are suitably trained and experienced (depending on the offence

with which a defendant is charged).

A key concern is anyone can tout themselves as an expert witness. Undoubtedly, those who are unqualified and inexperienced are tempted by the amounts of money to be made regardless of the implications. The trial collapse in 2019 have prompted long over-due calls for an overhaul of the system but until that happens, a good starting point is the Expert Witness Institute. The experts listed in the Institute’s directory have been fully vetted with their professional credentials checked; and “ensuring the reports they have written are compliant with appropriate regulations and are of excellent quality”. Following this case - and following two successful pilots - the Institute has now started its certification scheme for expert witnesses. Its aim is to provide the legal profession with a ‘gold-standard’ register of experts. The certification is delivered in conjunction with the Judicial Institute at University College London. It is an intensive process assessing the competency of an expert as a witness. Successful applicants will receive a certificate of competency which will last for five years. Lawyers and experts may also welcome a timely reminder of the 2018 ruling in R v Pabon [2018] EWCA Crim 420 where the Court of Appeal found that the expert witness for the Serious Fraud Office (SFO) was more a hindrance than a help. An appeal against conviction succeeded because of the disastrous failings of the expert witness involved. 12 the SOLICITORS group

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He had, for instance, strayed beyond his area of expertise. As Gross LJ stated: “Expert evidence must be expert; it can only be such if it is within the expert’s area/s of expertise; if the so-called expert witness gives evidence outside of his area/s of expertise it is both of no use to the jury and corrosive of the trust placed in such witnesses.” As a reminder, an expert witness’s duties to the criminal court are enshrined in Part 19 of the Criminal Procedure Rules (Crim PR):

(1) An expert must help the court to achieve the overriding objective –

(a) by giving opinion which is –

(i) objective and unbiased, and

(ii) within the expert’s area or areas of expertise…..

(2) This duty overrides any obligation to the person from whom the expert

receives instructions or by whom the expert is paid. (3) This duty includes obligations –

(a) to define the expert’s area or areas of expertise –

(i) in the expert’s report, and

(ii) when giving evidence in person

(b) when giving evidence in person, to draw the court’s attention to

any question to which the answer would be outside the expert’s area or areas of expertise….”

Notably, in the course of his “damaging” cross-examination, the expert witness in R v Pabon was asked: “What you did … was to start pinging out emails and texts to people, passing on the material you had been provided with by the SFO and saying to people: can you help me to understand it because I don’t understand it? That’s what you did isn’t it?” The expert answered: “So what else am I supposed to do as an expert?” Counsel’s response was clear: “Say it is not my field; I cannot give you an expert opinion; you the SFO should go and speak to someone else.” The message could not be clearer.

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Mould or other fungal issues?

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.

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

• 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 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

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With over 38 years in the construction industry, I know how important it can be to find the right independent professional advice when you need it most. During my career, I have provided troubleshooting services to both the civil engineering and building sectors. I specialise in solving problems with concrete materials technology, applied to both new build construction and the management of existing assets that are deteriorating prematurely or unexpectedly. With experience in all common construction materials, including masonry, asphalt, concrete and steel, I can offer you the latest advice in forensic engineering and deterioration management for your assets, including maintenance and remediation strategies. Feel free to explore the site. I hope you find what you are looking for, but if not, please drop me an email or call on. pcr@roberyforensics.com / 0044 1564 205 215

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Consultant Oral & Maxillofacial Surgeon Please quote NT PROOF reference MBCHB, BDS, FRCS Ed, FFST Ed, FDSRCS Ed, FDRCPS

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Qualified in dentistry in 1978 and medicine in 1987 Mr. Hislop ert Witness, Suite 2, 61 Lower Hillgate, Stockport SK1 3AW has a full training in Oral and Maxillofacial surgery. He has

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MR Kim Hakin FRCS FRCOphth MA (Cantab), MB, BCh, MD, MRCP, MAE, FFCI, FRCPCH

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. Mr Hakin has an Expert Witness certificate from Cardiff University / Bond Solon Solicitors and he was formerly an expert adviser to Nuffield Hospitals, as well as to the Healthcare Commission.

Phone: 01823 250614 Mobile:07887 651551 kimhakin@aol.com kimhakin1@gmail.com

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Mr Coleridge Smith was previously Reader in Surgery at UCL Medical School, London UK. He is now Consultant Vascular Surgeon and Medical Director, British Vein Institute. He pioneered the introduction of duplex ultrasonography in the clinical investigation of venous disease in the UK. 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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2018

8 8

Mr Brian Sommerlad MB, BS, DSc(Med) UCL(Hon), FRCSEng, FRCSEd(Hon), FRCPCH, FRCSLT(Hon)

Brian Sommerlad is a plastic surgeon who had 32 yearsâ&#x20AC;&#x2122; experience in the NHS and now operates privately. He is an Honorary Consultant Plastic Surgeon at Great Ormond Street Hospital for Children and Mid-Essex Hospitals NHS Trust. He has been involved in medicolegal work for more than 40 years within his areas of expertise. These mainly involve personal injury and the effects of scars. He has also been involved in a number of medical negligence cases, mainly involving cleft lip and palate (his primary specialist clinical interest). He is a past President of both The British Association of Plastic Surgeons (now BAPRAS) and The Craniofacial Society of Great Britain and Ireland. He is an Honorary Senior Lecturer at UCL/ICH. He is a full member of The Academy of Experts and an Expert (1st tier listing) with The Association of Personal Injury Lawyers (APIL). He consults in London at 10 Harley Street, and for clients 16 years of age or under at Great Ormond Street Hospital for Children. In Essex, he consults at The Springfield Hospital, Chelmsford and Nuffield Health Hospital, Brentwood.

For Terms and Conditions and all enquiries, email bsommerlad@sommerlad.co.uk

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.

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visit www.rina.org

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

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

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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.

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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.

Verifi cation Associates Verifi Verifi cation cation Associates Associates Verifi cationAssociates Associates Verifi Verifi cation cation Associates Chartered Building Surveyors Chartered Chartered Building Building Surveyors Surveyors Chartered Building Surveyors Chartered Chartered Building Building Surveyors Surveyors

FORENSIC FORENSIC INVESTIGATORS INVESTIGATORS OF OF FENESTRATION FENESTRATION FORENSIC FORENSIC INVESTIGATORS INVESTIGATORS OF FENESTRATION OF FENESTRATION AND BUILDING DEFECTS AND BUILDING ENVELOPE ENVELOPE DEFECTS FORENSIC INVESTIGATORS OF FENESTRATION FORENSIC FORENSIC INVESTIGATORS INVESTIGATORS OF OF FENESTRATION FENESTRATION AND AND BUILDING BUILDING ENVELOPE ENVELOPE DEFECTS DEFECTS ARBITRATORS, ADJUDICATORS & ARBITRATORS, ADJUDICATORS & MEDIATORS MEDIATORS AND BUILDING ENVELOPE DEFECTS AND ANDBUILDING BUILDING ENVELOPE ENVELOPE DEFECTS ARBITRATORS, ARBITRATORS, ADJUDICATORS ADJUDICATORS &DEFECTS MEDIATORS & MEDIATORS Verifi cation Associates are independent specialist fenestration Verifi cation Associates are independent specialist fenestration ARBITRATORS, ADJUDICATORS & MEDIATORS ARBITRATORS, ARBITRATORS, ADJUDICATORS ADJUDICATORS &&MEDIATORS MEDIATORS VerifiVerifi cation Associates Associates are independent are independent specialist specialist fenestration fenestration and building envelope surveyors. We have aa respected reputation and cation building envelope surveyors. We have respected reputation Verifi cation Associates are independent specialist fenestration Verifi Verifi cation cation Associates Associates are areindependent independent specialist fenestration fenestration and building and building envelope envelope surveyors. surveyors. We have We have aspecialist respected aindustry respected reputation reputation within the fenestration and construction as experts in within the fenestration and construction industry as experts in and envelope surveyors. We have a respected reputation and and building building envelope surveyors. surveyors. We We have have a envelope. arespected respected reputation within within the fenestration theenvelope fenestration and construction and construction industry industry as experts asreputation experts in in the fi eld of glazing framing and building the fibuilding eld of glazing framing and building envelope. within the fenestration and construction industry as experts within within the the fenestration fenestration and and construction construction industry industry asasexperts experts inin in the fithe eld fiofeld glazing of glazing framing framing and building and building envelope. envelope. This reputation extends to the legal fraternity This reputation extends to the legal fraternity the fiof eld ofare glazing framing and building envelope. the the fiwhere eld field of glazing glazing framing framing and and building building envelope. envelope. This This reputation reputation extends extends to the to legal the legal fraternity fraternity we repeatedly instructed to carry where we are repeatedly instructed to carry This reputation extends to the legal This This reputation reputation extends to tothe the legal legal fraternity fraternity where where we are werepeatedly areextends repeatedly instructed instructed to carry tofraternity carry out forensic surveys and prepare reports for out forensic surveys and prepare reports for where we are repeatedly instructed to carry where where we weare arerepeatedly repeatedly instructed instructed to tocarry carry out forensic out forensic surveys surveys and prepare and prepare reports reports for for the courts. the courts. out forensic surveys and prepare reports out out forensic forensic surveys surveys and andprepare prepare reports reports for forfor the courts. the courts. the courts. the thecourts. courts. •• ARBITRATION ARBITRATION • ARBITRATION • ••ARBITRATION ADJUDICATION ADJUDICATION ARBITRATION • ARBITRATION • ARBITRATION • ADJUDICATION • ••ADJUDICATION THERMAL IMAGING THERMAL IMAGING ADJUDICATION • ADJUDICATION • ADJUDICATION • THERMAL • •THERMAL IMAGING IMAGING • THERMAL IMAGING • THERMAL • THERMAL IMAGING IMAGING Phone: 01274 569912 Phone: 01274 569912 Phone: Phone: 01274 01274 569912 569912 Fax: 01274 565132 Fax: 01274 565132 Phone: 01274 569912 Phone: Phone: 01274 569912 569912 Fax: Fax: 01274 01274 565132 565132 Email: VAssc@aol.com Email: VAssc@aol.com Fax: 01274 565132 Fax: Fax: 01274 01274 565132 565132 Email: Email: VAssc@aol.com VAssc@aol.com www.verifi cationassociates.co.uk www.verifi cationassociates.co.uk Email: VAssc@aol.com Email: Email: VAssc@aol.com VAssc@aol.com www.verifi www.verifi cationassociates.co.uk cationassociates.co.uk www.verifi cationassociates.co.uk www.verifi www.verifi cationassociates.co.uk cationassociates.co.uk

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 ‘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 some lines that they should not crossed, if you make them you may regret it at a crucial moment in the case. Next look to see if they are members and governed by, a professional body The 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. 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. R. Appleyard. Chartered Building Surveyor, Accredited Mediator & Chartered Project Manager. MSc .BSc (Hons), FRICS, FCIArb, MCIOB. FPD MBINDT. MEWI,

Rod Appleyard works as a forensic investigator of fenestration and building envelope defects and is an expert with many years experience in the industry and dispute resolution. He is a Chartered Building Surveyor, Fellow of the Royal Institution of Chartered Surveyors and a Fellow of the Chartered Institute of Arbitrators. He practices as an Arbitrator and Mediator along with his work as an independent expert surveyor to the construction and fenestration industry. He can be reached on either 01274 569912 M 07785232934 or verificationassciates.co.uk An article first published in 2013 and still relevant today.

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

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CVâ&#x20AC;&#x2122;s as we all now are basically our own way of advertising ourselves, our strengths, and what we have to offer potential employers. However, from numerous discussions with solicitors, and courts, it is clear that many struggle to understand the CVâ&#x20AC;&#x2122;s of psychologists. As a result, I will provide simple guidance:

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Inexperience: Hiding within a CV

Look for the date when the psychologist said they were fully qualified.

All psychologists must have at least two university degrees, one of which should be in a post-graduate professional role such as clinical, educational, forensic or counselling psychology.

C h e

This is often hidden as shown in a recent case where the CV began by noting forensic psychology experience in 2003. Hence, they were suggesting 16 years’ experience. This is how the solicitor in Reading read it. However when I read it, I was able to work out that they actually qualified in 2014, and potentially only worked for an employer as a psychologist for 3 days a week for two years. In essence, they had little experience. In 2018, a law firm in Essex sent me a case, never getting past the report of the other psychologist. They not have a professional degree, as noted above. The ‘psychologist’ assessed a 70 year old victim, used tests that were not valid, much of the assessment involved the neighbour, they ignored the elderly persons 40 year working life and largely self-sufficient existent, and finished with a misdiagnosis. The psychologists report was withdrawn.

Consider how much experience is ‘enough?

Experience counts from when a person fully qualifies, because it is at that point in time that they take full responsibility for the management of the case and the decisions taken. This is why solicitors and others need to know when the psychologist became fully qualified. The relevance is simply summarised by the questions, would you expect a solicitor with five years’ experience to take the lead on a trial involving six or seven defendants’ involved in a multimillion pound fraud? Would they take the lead in a murder case? When looking at an appropriate amount of experience, I would argue that what is applied to your own profession, should act as guidance for you.

What type of experience is required?

As a solicitor, once newly qualified, would you simply set yourself up in private practice? Alternatively, would you gain experience working for an employer or two before such a move. Psychology employers tend to be local government, NHS providers, private health providers, or prisons. These all have programmes for developing professional practice and as such, begin the process of ensuring what the psychologist does conforms to mainstream practice. I would argue, if there is no evidence of several years’ experience gained with an appropriate employer, such as those listed, one need be extremely cautious in using them. A good example of this was a psychologist using an EEG to assess and diagnose autism! This is not mainstream practice. CV’s, when did the psychologist qualify with their professional, post-graduate degree, how much post-qualification experience have they gained, and what type of experience is it? Together, these questions might help find the right psychologist.

FORENSIC INTERPRETATION

SCIENCE EVALUATION

EXPERTISE IMPARTIALITY www.millingtonhingley.co.uk

WHAT IS BPA?

IF IT BLEEDS, IT LEADS!

THE MISSING PIECE OF THE PUZZLE? who how

About the author:

Please contact us for more information about our seminars, or if we can help with a case.

WEB: WWW.MILLINGTONHINGLEY.CO.UK

E: MAIL@MILLINGTONHINGLEY.CO.UK T: 0118 380 0831

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Expert Expertise Finding a person with the appropriate technical knowledge and ability not only to clearly and succinctly report on the issues outlined in the instruction but also orate the technical detail in a manner that can be clearly understood by the Court is not easy. This can be even more complicated when dealing with disputes that are not restricted to a single issue or discipline, particularly with Courts trying to reduce the number of experts. Building and building contract disputes can often range across a wide spectrum of areas of expertise within architecture, engineering, technical materials and application as well as commenting on the contractual application of the specification and documentation for the particular circumstances in dispute. On many occasions Vickery Holman have â&#x20AC;&#x153;project managedâ&#x20AC;? experts within structural engineering and M&E disciplines to provide a single report covering many aspects of the detailed dispute. When dealing with rent reviews, compensation claims and valuation disputes again a wide knowledge and often detailed local knowledge is required to provide a robustly evidenced report. Vickery Holman, with offices across the South West, are able to provide detail knowledge and expertise from Bristol through to the Isles of Scilly. Vickery Holman have an experienced team of Chartered Surveying experts across the disciplines of building surveying, construction, valuation, landlord and tenant, property management, rating and rent review. A number of our experts are trained adjudicators or arbitrators. Our experience enables us to work with solicitors to refine the issues and claim. We have found in a number of instances the original claim to expand following further investigation and have worked with the litigation team to refine the appropriate instructions and issues pertinent to the claim/defence. Being a multi-discipline property practice we are able to provide an integrated process for analysis of disputes where these cross disciplines, to provide a seamless service to instructing solicitors and clients as well as an integrated and comprehensive reporting structure. This is clearly illustrated best when dealing with dilapidations whereby the building surveyors are able to inspect, provide detailed analysis of repairs required in the context of the lease clauses, and valuers able to provide detailed knowledge of any Section 18 implications and diminution in value. Should claims proceed to mediation and/or Court Vickery Holman are able to liaise with the instructing party in order to establish the discipline/person most appropriate to take the matter forward with continued support from others within the practice. Each of our Bristol, Exeter, Plymouth and Truro offices have experts in a number of disciplines. The geographical location of a particular expert does not preclude them providing advice and inspecting across the region as they are able to utilise our local commercial agents and valuers to support any valuation/rent review information or building surveyors to provide local technical expertise and support. Having a large team of surveyors enables a cost effective approach to be utilised when dealing with remediation of work arising from building disputes. Where specification and oversight of remedial works (or opening up) is required such as cases where opening up has identified far more extensive defects requiring immediate attention. We are able to dedicate the expert to report on the defects, causes and responsibilities, while other members of the building surveying team are able to progress with repairs in a cost effective manner.

Dennis Venn FRICS MCIArb

Nick Holman FRICS ACI Arb

Director I Building Surveyor

Head of Dispute Resolution I General Practice Surveyor

t. 01752 273837 m. 07967 820784

t. 01752 273833 m. 07967 499945

e. dvenn@vickeryholman.com

e. nholman@vickeryholman.com

www.vickeryholman.com

Forensic Accountancy & Litigation “Relevant expertise, transparency, trust and neutrality are crucial for being an expert witness” Bee-Lean Chew heads up the Wilder Coe Forensic Accounting and Litigation department and has been a Partner since 2005. As a Director of the Network of Independent Forensic Accountants (NIFA), an ICAEW-accredited Forensic Provision of Expert Witness Accountant and a member of the ICAEW Audit and accountancy services in: Assurance faculty, Bee is able to provide her clients with a clear, understandable presentation of fact in both personal and corporate investigations. 

Matrimonial/ Family



Commercial



Criminal



Dispute Resolution



Personal injury & Fatal Accident



Clinical Negligence



Insurance claims

With expertise in advising clients at all levels, including multi-national groups, Bee provides the following to the legal profession across a variety of matters: 

Jargon free and understandable analysis of your clients’ financial issues



Court– compliant litigation reports to support legal cases



Support and advice from our experienced team of accounting professionals

The forensic accountant, as an expert witness, can be an incredibly useful tool in a legal professional’s arsenal as knowing the potential financial outcomes of different decisions allows legal advisors to consider their litigation strategy from a more informed position. Whilst many legal professionals are perfectly comfortable with numbers, it’s generally not a favoured expertise, so including a forensic accountant can help focus matters as well as maximise efficient management of a case. I am frequently asked to explain how involving a forensic accountant can assist and the spectrum of answers is very broad, depending on the stage at which we are introduced into a case: We can review and interpret the financial figures and present clear explanations to present to both parties during litigation, which can also help quantify the losses either party may have claimed to have suffered as a result, making the process more efficient for litigants. We can assist in establishing whether either party may be “hiding” assets or obfuscating their financial position – remember, it is usually at these stages of litigation that relationships between parties are fractious and therefore we can become a trusted, reliable expert who provides reassurance and an unbiased second opinion. As a forensic accountant, we will look to challenge the responses from the other party or their assigned expert, or even if pre-appointed by the Court, to establish and present the quantum of a matter based on all the reviewed facts of the case. At early stages, we can be instructed to quantify the loss suffered for a potential litigant before proceeding to Court or to assess whether there is any practical purpose to standing one’s ground during negotiations, especially if business relationships have broken down. Where we become useful in these situations is by breaking down any arguments that have arisen into black and white figures which will illustrate whether there is any financial benefit to maintaining a position in a dispute or mediation, thus helping the legal adviser to plan their strategy more effectively.

About us

We are a national based agency that specializes in supplying expert witnesses through out the UK, for all of the 3 legal systems including England, Wales and Scotland. We provide Expert Witnesses to the legal profession, covering all aspects of law including Criminal, Family and Civil proceedings – from high profile cases to smaller ones. Fast Finding We offer our fast find expert witness search service free of charge as our goodwill gesture to you.

Industry Leaders We prodide full accredited and vetted forensic experts for over 67 types of industry.

Highly Experienced Our advisory board consists of some of the most experienced expert witness in the entire UK.

About us

For over 26 years, Emmerson Associates has maintained their leading position within the Forensic Science sector by drawing on the vast experience of their dedicated team of Forensic Consultants who provide a wide range of services for clients throughout the UK and abroad, dealing with many serious and high profile cases. Some of their experts are accredited experts for the ICC at The Hague.

Some of the cases we have assisted in: • Vehicle tracking • Commercial theft enquiries • Installation of cover/overt camera systems • Benefit/fraud investigations and injury/ fraud investigations • Marital differences/ASBO harassment/ residential disputes

• Staged collisions • Forensic examination of stolen vehicles • Personal injury claims arising from road traffic collisions • Driver’s hours disputes involving tachograph regulations and route tracing • Forensic examination of keys, tyres, light bulbs, vehicles and components

Our services are for the Legal sector, Law enforcement, Intelligence agencies and Corporate companies only

Our services include: Digital Forensic Services: Computer Phone Cell Site Audio/Video Vehicle Drone Footage

Data Recovery: Computer Data Recovery Incident Response: Bespoke First Responder Training Incident Responses & Forensic Readiness

We can help: We work with data. Thatâ&#x20AC;&#x2122;s why we are able work with multiple clients and partners with no conflict of interest - whoever the client, the goal is always the same... To find the truth; We have an ever-growing clint base of solicitors ascross the UK. Need an expert? The backlogs keep growing unabated, and the extractions more difficult. Whether you need assistance with a specific device or to help with a large case or backlog. Police not interested in collecting vital evidence from your device? Need data recovery? We can help with it all!

01480 469028

Email: enquiries@3ef.co.uk

www.3ef.co.uk

enquiries@forensicexpert.uk

Forensic Experts is one of the leading forensic science companies in the UK. The team have extensive experience in the Forensic Science industry. Forensic Experts work with a selection of scientists and solicitors over the years. Our ability to offer forensic analysis and expert witness services for such a wide range of services has been requested by our clients, the driving force for the company.

WHAT WE DO: DNA PROFILING BLOOD SPATTER FOOTPRINT EXPERT FINGERPRINT ANALYSIS BODY FLUIDS MARKS & TRACES

01480 469028

COMPUTER FORENSICS CELL SITE ANALYSIS CCTV FORENSICS MOBILE PHONE FORENSICS SOCIAL NETWORK FORENSICS CORPORATE INVESTIGATION

DRUG TOXICOLIGY TRAFFIC COLLISIONS DRINK DRIVING HANDWRITING EXPERT FIREARMS EXPERT FACIAL MAPPING

enquiries@forensicexpert.uk

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William A Scott MBBS FRCS (Eng)

Highways Expert Insepes ltd

Consultant Orthopaedic Surgeon

Chartered Land Surveyors

Areas of Expertise:

• Orthopaedics • Foot and ankle • Hand, wrist and upper limb Boundary Dispute & • Hip and knee Expert Witness Surveyors FDS amends:Page template.qxd 17/02/2011 10:57 Page 19 • 10:57 Shoulder10:57 FDS FDS amends:Page template.qxd template.qxd 17/02/2011 17/02/2011 FDS amends:Page amends:Page template.qxd 17/02/2011 10:57 Page Page 19 19 Page 19 • Spine and neck CPR- part 35 reports, Determined Boundary Plans. A cost-effective, high-quality enhancement to the service • Whiplash you offer your clients. • Sports medicine • Road traffic accident (personal injury) • Falling, tipping and slipping accidents Contact us • Fitness to work (personal injury) 792 Wilmslow Road, Manchester M20 6UG Tel: 0161 286 0795 Email: kevin@insepes.co.uk Web: www.insepes.co.uk

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

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Maurice Rodé

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Michael Handy Michael Handy Michael Handy Michael MSc CChem MRSC RFP Handy MSc CChem MRSC MFSSoc Michael Handy

MSc CChem MRSC MCSFS MSc CChem MSc MRSC CChem RFP MRSC RFP MSc CChem MSc MRSC CChem MFSSoc MRSC MFSSoc MSc CChem MRSC MCSFS MSc CChem MRSC RFP MSc CChem MRSC MFSSoc MSc CChem MRSC RFP MSc CChem MRSC MFSSoc

Registered Forensic Practitioners Registered Registered Forensic Practitioners Practitioners Extensively EquippedForensic Laboratory Registered Forensic Practitioners Extensively Equipped Laboratory Equipped Laboratory Extensively Equipped Laboratory inExtensively Central London Extensively Extensively Equipped Equipped Laboratory Laboratory in Central London Extensively Equipped Laboratory in Central London in Central London in inLondon Central London in Central Central London FORENSIC HANDWRITING FORENSIC HANDWRITING FORENSIC HANDWRITING HANDWRITING &FORENSIC DOCUMENT EXAMINERS FORENSIC HANDWRITING FORENSIC HANDWRITING & DOCUMENT EXAMINERS FORENSIC HANDWRITING & DOCUMENT EXAMINERS & DOCUMENT EXAMINERS & DOCUMENT & DOCUMENT EXAMINERS EXAMINERS 186 Chambers,EXAMINERS Temple Avenue, & Temple DOCUMENT

Registered Forensic Practitioners Design Extensively Equipped Laboratory Construccon Extensively Equipped Laboratory in Central London Maintenance 4 Chiltern Court, 37 St Peter’s Avenue 186 Temple Chambers, Temple in Central London 186 Temple Chambers, Temple Avenue, London EC4Y 0DB Avenue, 186 Temple Chambers, Temple Avenue, Caversham, Reading RG4 7DH 186 Temple 186 Chambers, Temple Chambers, Temple Avenue, Temple London 0DB 186 Temple Chambers, Temple Avenue, London EC4Y 0DB Avenue, Tel 020 7583 9962 EC4Y Fax 020 9963 London EC4Y 0DB7583 London EC4Y London 0DB EC4Y 0DB7583 9963 Tel 9962 Fax 020 9963 London EC4Y 0DB7583 FORENSIC HANDWRITING Tel 020 7583 9962 Fax 020 DX 271 LDE Tel 020 020 7583 7583 9962 Fax 020 7583 9963 DX 271 LDE TelEmail 020 7583 9962 020 7583 9963 fds.limited@btconnect.com DX 271Fax LDE FORENSIC HANDWRITING enquiries@munro-consultants.co.uk & DOCUMENT EXAMINERS Email fds.limited@btconnect.com DXfds-ltd.co.uk 271 LDE www Email fds.limited@btconnect.com www fds-ltd.co.uk www.munro-consultants.co.uk Email fds.limited@btconnect.com www fds-ltd.co.uk & DOCUMENT EXAMINERS www fds-ltd.co.uk

enquiries@munro-consultants.co.uk www.munro-consultants.co.uk

01638 563627 01638 563627

186 Temple Chambers, Temple Avenue, 186 TempleLondon Chambers, EC4YTemple 0DB Avenue,

Paul Jackson Vocational Rehabilitation and Employment Consultant I can provide a detailed employment report on any career. I have provided several thousand reports on a wide range of occupations. I work to the same high standards regardless of the case. Most claimants are from the UK or Ireland. I also report on claimants (and for Courts) throughout Europe, North and South America, the Middle East, Africa, Asia, Australia and New Zealand. Providing CPR-compliant objective reports on issues such as Personal Injury / Clinical Negligence In addition, I prepare reports in: â&#x20AC;˘ Employment tribunal claims and matrimonial proceedings â&#x20AC;˘ Pension appeals: e.g. for ill health pension claims and appeals e.g. for police officers, firefighters, NHS and other public sector schemes. An advisory service is also available. An advisory report is designed to provide detailed facts and figures, including copies of source material, to assist with the preparation of the Schedule/Counter Schedule of Loss. Contact: Paul Jackson: M: 07534656416 Email: pauljackson@langmanhrd.co.uk 10 Wyn Grove, Brampton Bierlow, BARNSLEY S73 0UJ

MB BCh, FRCS(Tr. & Orth.), MSc(Oxon), MRCS(Eng), MRCS(Ed), Fellowship(AOA) Consultant Trauma & Orthopaedic Surgeon Honorary Professor of Trauma and Orthopaedic Surgery

As one of the leading surgeons in his field, Professor Ali Ghoz is able to deliver professional and expert opinion and testimony, provide medical reports in a timely manner and explain the intricacies of trauma and orthopaedic medicine. Areas of Medicolegal expertise include personal injury, road traffic accidents and medical negligence.

Professor Ali Ghoz has a wide range of expertise and conforms fully to the Ministry of Justice Standards delivering honest, clear, unbiased and high quality report assessments with timely turnaround of report writing. • Minimally invasive surgery • Hip replacement: anterior & posterior • Hip resurfacing • Soft tissue hip disorders • Knee arthroscopy (key-hole surgery) • Knee replacement • Knee anterior cruciate ligament reconstruction • Knee ligament reconstruction • Knee high tibial osteotomy • Knee joint preservation surgery • Sports injuries • Carpal tunnel release • Trigger finger release • Major trauma • Minor trauma • Advanced trauma • Life support Professor Ali Ghoz offers his services across the UK. He speaks French and Arabic. He offers expertise for claimants and defendants and as a Single Joint Expert*. Professor Ghoz has attended court multiple times and has written well over 200 reports. Please contact Christine Waldron on 07895 771031 or christine@professoralighoz.co.uk for fees and further information. Appointments usually offered 1-2 weeks from instruction and various venues/ days & evening clinics and times are available. Report turnaround time is usually 2 weeks from appointment In some more complex cases, a little more time may be required but we always aim to produce reports in a timely manner and you will be communicated with throughout the process. *A Single Joint Expert (SJE) is an expert instructed to prepare a report for the Court on behalf of two or more of the parties (including the claimant) to the proceedings.

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

employment expert services

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

•

Employment and Remuneration Expert Reports provided by HR Consultants.

•

Experienced in high value and complex claims for Personal Injury, Clinical Negligence, Corporate Litigation and Employment Tribunals - oral testimony given.

•

Instructed by both Claimant and Defendant solicitors to prepare detailed reports meeting specific deadlines.

•

Established UK and International reputation with references available.

•APIL Experts

www.gmrconsulting.com

David Berry Independent Clinical and Forensic Toxicology Consultant

T: 01342 324 955 M: 07833 55 64 60 dave_b2@mail.com

EXPERT WITNESS SERVICES Provision of Expert Witnesses in Occupational Therapy/Care, Nursing, Midwifery, Physiotherapy, Speech & Language Therapy for liability and quantum reports

Comprehensive profiles of our 200+ experts can be downloaded from our user friendly website www.somek.com

To discuss any potential expert witness needs, please call and speak with one of the team on tel: 01494 792711 or email us at enquiries@somek.com

Mr R Scott-Watson

BSc(Hons) MB BS LLB (Hons)(Open) Cert Av Med. Cert MR(2)CUEW DDAM FRCS(Ed)

RSW Medico Legal Ltd

uk.linkedin.com/pub/richard-scott-watson/34/4bb/531/ Expert Witness in Orthopaedic Trauma. Disability analyst. APIL Expert.MedCo Accredited. MEOL Approved Expert. Injury reports and Employment Tribunal reports (Equalities Act.) Waiting list 4-6 weeks. Urgent reports undertaken.Reporting since 1990. Over 21,000 reports. Cardiff University Expert Witness Certificate 2014. Fully trained in CPR, Court appearance (2 per year) and report writing. Low velocity impact traffic accident cases accepted. Winner: FORENSIC INSIDER Orthopaedic Award 2016; Lawyer Monthly Magazine Orthopaedic Expert Witness of the Year 2016 & 2017; Forensic and Expert Witness E Magazine Medico Legal Award 2014/15 and 2016/17; Forensic and Expert Witness E Magazine Lifetime Achievement Award receiver for Trauma & Orthopaedics.

Home and prison visits undertaken.

Contact : Carol Couzens 7a Heath Lane

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

DRC Forensics Limited offers the Oldswinford, Stourbridge West Midlands DY8 1RF complete range of forensic accounting and litigation support Tel/Fax: 01384 441126 Email: carolcouzens@ymail.com

• Fraud

• Fatal accident

• Money laundering

• Partnership disputes

• Confiscation orders

• Shareholder disputes

• Loss of profit DRC Forensics Limited offers the • Professional negligence complete range of forensic accounting • Personal injury and litigation support

• Business valuations

• Matrimonial includin

• Mis-selling of Hedgin

Forensics Limited offers the plete range of forensic accounting • Confiscation orders • Shareholder disputes Fraud Fatal accident • Fraud ccident • Fatal accident Money laundering Partnership disputes •• Loss oflaundering profit •Shareholder Business valuations litigation support Money rship disputes • Partnership disputes Confiscation orders disputes

he DRC Forensics Limited offers the Forensics Limited offers the complete of •DRC Fraud • Fatalrange accident ounting complete range and of forensic accounting forensic accounting litigation support • Money laundering • Partnership disputes and litigation support

David Cook has extensive experience joint expert as well as for both claima giving him a valuable insight into the o As well as civil litigation, David also fre criminal matters, both for the defence Lossdisputes of profit valuations Confiscation orders older • Shareholder disputes •• Professional negligence •Business Matrimonial including collaborative law e: david@drcforensics.co.uk Matrimonial including collaborative law Professional negligence

• Fatal accident

Loss of profit ss valuations • Business valuations Personal injury of Hedging Products (IRHP) •• Personal injury •Mis-selling Mis-selling of Hedging Products (IRHP) • Professional negligence • Matrimonialcollaborative monial including including collaborative law law

ney laundering

• Partnership disputes

nfiscation orders ive

• Shareholder disputes

experience of Chris(IRHP) Gahagan has considerable PersonalHedging injury David Cook has• extensive ling • of Mis-selling ofProducts Hedging Products (IRHP)

acting as single joint expert as well as for experience in a range of criminal David Cook has extensive of acting as matters, singleof valuations in commercial both claimants and defendants, giving himexperience a Chris and Gahagan hasfinancial considerable expe valuable insight into the opposing side’s case. situations in dealing with joint expert as David well as for both claimants and defendants, As well as civil litigation, frequently investigations and commercial disputes. experience David Cook has extensive of experience acting of acting as single as single in commercial situations and in dealin advises in criminala matters, both for the giving into the opposing side’s case. both claimants joint experthim as wellvaluable as for bothinsight claimants and and defendants, defendants, defence and the prosecution. e:investigations chris@drcforensics.co.uk and commercial dispute

for nsight into giving him valuable insight intoDavid the opposing side’s case. side’s case. Asthe wella as civilopposing litigation, also frequently advises in He also has given expert evidence in e: chris@drcforensics.co.uk n, David also AsCrown well as civil frequently litigation, David also frequently advises advises in in criminal both foronthe defence and the prosecution. Court, asmatters, well as the Civil Courts, numerous occasionsboth for and for the defence criminal matters, the defence andthe the prosecution. prosecution. david@drcforensics.co.uk e:e: david@drcforensics.co.uk .co.uk e: david@drcforensics.co.uk

ss of profit

• Business valuations

ofessional negligence

• Matrimonial including collaborative law

sonal injury Tel: 01275 390407

• Mis-selling of Hedging Products (IRHP) www.drcforensics.co.uk

Tel: 01275 390407 Mob: 07891 492 Kestrelvaluations Court, Harbour Road, Portishead, Bri nsiderable Chris experience Gahagan has considerable experience of of valuations Mob: 07891 492002 Kestrel Court, Harbour Road, Portishead, Bristol BS20 7AN

Chris Gahagan has considerable experience of valuations

www.drcforensics.co.

ns and in in dealing commercial situations and in with dealing with financial financial in commercial situations and in dealing with financial mmercial disputes. investigations and commercial disputes.

ANALYSIS FCIR

EXPERTS IN COLLISION INVESTIGATION

Instructing an Expert is sometimes a tricky choice. How do you know who to trust with a high value catastrophic loss case or a Death by Dangerous Driving matter, after all standing on the steps of the Court would be a bad time to find out you have chosen poorly!

SISYLANA RICF

I am sure that we have all heard of (or have personal experience of) constructing a case around a certain set of parameters only to find that the Expert has had to concede a number of critical points upon which your case hinged. Why is that so common, and what can you do about it?

NI STREPXE NOISILLOC NOITAGITSEVNI

FIRSTLY, IT IS IMPORTANT TO UNDERSTAND WHERE YOUR EXPERT’S EXPERIENCE IS LIKELY TO HAVE COME FROM. TYPICALLY, EXPERTS IN THIS FIELD COME IN TWO DISTINCTIVE CATAGORIES - ACADEMICS OR EXPERIENECED RETIRED POLICE OFFICERS

The academic route often deals with the complex analysis and mathematical parts of the discipline exceptionally well. Often filled full of research papers and robust discussions of physics, however often a little underwhelming with regards to scene process, evidence and that ‘feel’ for a live collision scene. Alternatively, the Police Offcer route, with an understanding of live collision scene that is unparalleled, a strong knowledge of the law, and a confidence in giving live evidence, but perhaps a little vague when it comes to propping up their opinion with cutting edge research or mathematical modelling.

SISYLANA EHT NI STSILAICEPS BUT, WHAT IF YOU DIDN’T SNOHAVE ISTOILCHOOSE LOCANDCICOULD FFAACTUALLY RT DHAVE AOBOTH? R FO

There is a huge strength in an Expert who has, not only been at the scene of countless road traffc collisions and been responsible for the collection of the evidence, but also written the academic papers that support the advancements of knowledge in the field. That is exactly what FCIR pride themselves upon!

eht rof snoitulos deroliat gnidivorP gnivthatlonotvn i have stntheye‘seen dicthat nihappen fo n oilife’, tathey githave sealso vni We have those Experts that can demonstrate only in real published the academic material that is now being taught to Collision Investigators in the field. This is what sets FCIR apart. sepyt lla fo sresu daor

But it doesn’t stop there, with the advancement in vehicle-based technology marching on at a rate faster than ever, the role of a Collision Investigator is moving away from the conventional measurement of skid marks, to interrogating vehicle airbag modules. Measuring the locus of a collision is less about the use of a tape measure and more about state of the art 3D laser scanning. Demonstrating complex collisions to a Court is less about explaining with toy cars and diagrams and more about 3D animations. CCTV has advanced leaps-and-bounds from the simple, ‘say what you see’ approach, to the forensic analysis down to the millisecond - FCIR have specialist equipment to allow for such and analysis - indeed they we were instrumental in the development of the Home Offce equipment used by the Police.

NOITCURTSNOCER NOISILLOC SNOITANIMAXE ELCIHEV

When establishing if a motorcycle headlamp was illuminated, why instruct an Expert who would use an optical microscope only, when a Scanning Electron Microscope (SEM) allows you to scientifically analysis the fracture face of a bulb filament? Again, FCIR possess this skill set.

SSENTIW TREPXE

RU OY Sto SUsee CSifIDthey OTare YPremaining PAH ERAcurrent EW These are the types of questions that should be asked when instructing an Expert, and extracting the full amount of information for you - or if this is:Y the ADExpert OT Syou U Twill CAbe TNmeeting OC SDon EEthe N L‘other AUDIside’! VIDNI 0814 4CONSEQUENCES 003 020 CHOOSING THE RIGHT EXPERT IS ESSENTIAL, WITH SIGNIICANT IF THE CHOICE IS THE WRONG ONE. ku.oc.RICF@ecffio Ensuring that justice is done and that the Claimants and Defendants situations are accurately put is the keystone of ku.oc.RICF.www FCIR’s principles. It is to this end that we offer a free of charge initial review into any matters that our clients may have so that everyone is in a clear position from the beginning.

Manchester based Chartered Surveyors providing a range of property based services including valuation, property management, sales, lettings and building surveying. Operating around the North West we have many years experience in providing expert witness reports in: Valuation Family separation Business dispute Negligence

Building surveying Housing disrepair Negligence

The business is headed by Gareth Kreike BSc (Hons) MRICS, an RICS Accredited Expert Witness since 2008.

Email: gk@longdencook.com Telephone: 0161 737 0111 www.longdencook.com

Dedicated to the Provision of Specialist Mental Health, Autistic Spectrum Disorder & Learning Disability Services. • Medico-legal reports & expert witness testimony at LAA approved rates. • Criminal, Family, Immigration, Mental Health & Court of Protection cases. • Formal diagnostic assessments (including PTSD). • Psychiatrists, Psychologists, Speech & Language Therapists, Social Workers & Occupational Therapists. • Timesaving Consultant Matching Service. • Flexible & able to meet tight deadlines. • Corporate Members of the Expert Witness Institute, ensuring consistent technical, legal & quality standards.

Tel/Fax: 01495 313 096 info@unitedconsultancy.co.uk www.unitedconsultancy.co.uk

APD

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

Professor Robert John D George MBBChir MD MA FRCP FRCGP Hon.

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

Professor Robert George is Medical Director at St.Christopher’s Hospice, London, Consultant Physician in Palliative Care at Guy's and St Thomas' NHS Foundation Trust and Professor of Palliative Care at King's College, London. He was also President of the Association for Palliative Medicine of GB & Ireland from 2015-2017 and advises Government on ethical and practical aspects of end of life care.

Contact me via:

Email: r.george@nhs.net Phone: 020 8768 4551 / 07880 555075 Fax: 020 8659 5051

urology. 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.

Download CV

Professor George can act as an expert witness, including the preparation of medico legal reports and appearing in court, in cases involving palliative medicine, end of life care and pain and symptom management. Cases range from those involving medical practitioners over matters of competence to governments in challenges to legislation.

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

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

•

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:

•

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.

•

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.

•

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

Dr Hasan Tahir

BSc, MB BS, MSc, MFSEM (UK), FRCP (UK)

Consultant Physician in Rheumatology and Acute Medicine Clinical lead for Rheumatology, Biological Therapies and Research Hon. Reader in Investigational Clinical Rheumatology at the University of London Hon. Professor of Clinical Sciences at St Matthews University

To instruct Dr Tahir on any medico-Legal matter please telephone 0207

hasan.tahir@nhs.net

12345 96, or alternatively email on

Dr Tahir has extensive experience in preparing medicolegal reports for medical negligence and personal injury cases since 2005. Reports are written in line with CPR recommendations, providing carefully written, balanced and independent opinion, while highlighting the possible range of opinion on the matter in question. Typically, clients are seen within 14 days and reports completed within a further 14 days. He is available to be instructed as a Single Joint Expert, for Consultations, Examinations and preparations of medico-legal reports, including desk top reports. He is available for court appearances and conferences with counsel in preparation for the case. Emergency reports undertaken. He is available to prepare reports in all locations in the UK. Dr Tahir is a registered member of The National Expert Witness Agency, Premex Plus Panel, and Expert Witness (Est 1996).

Rheumatology •

• • • •

Soft tissue rheumatism (tendonitis, bursitis, epicondylitis, fasciitis, myositis, tenosynovitis) Fibromyalgia Osteoarthritis Rheumatoid arthritis SLE

Vasculitis

Sports Medicine • • • • • •

Soft tissue problems, sports injuries and rehabilitation Ankle Sprain Achilles Tendonitis Back Pain Groin Strain Hamstring Strain

• • • • • •

Polyarteritis nodosa Henoch-Schönlein purpura Wegener's granulomatosis Giant cell arteritis Temporal arteritis Behçet's syndrome

Personal Injury •

• •

Investigation and treatment including the interplay of effects of injury and previous rheumatic disease Post injury rheumatic disease Nerve injury

Dr Joshua Adedokun Dr JoshuaAdedokun Adedokun Dr Joshua 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 Regional Pain Adedokun accepts instructions Dr Dr Adedokun instructions Syndrome (CRPS) especially (CRPS)(CRPS) especially following personal Draccepts Adedokun accepts Syndrome especially from Claimants, Defendants and instructions from Claimants, Defendants and 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, Manchester, Liverpool, Leeds, experience in Medicalin Medical Liverpool, Leeds, He also has wideinexperience 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

can be arranged.

Spire Manchester Hospital 170 Barlow Moor Road Manchester M20 2AF

: 01625523355 523355 TT: 01625 : 07885913912 913912 MM: 07885

Dawn Cragg Cragg Dawn M.B.E M.B.E

Expert Witness trained with Bond Solon and accredited with Cardiff University.2004 & updated continually Expert Witness trained with Bond Solon and accredited with & updated continually Cardiff University.2004 Areas of expertise Permanent & Semi Permanent Make-up Areas of expertise (Micropigmentation) Make-up Permanent & Semi Permanent & Lips Guy-Liner Eyeliner, Eyebrows, Including (Micropigmentation) Tattooing Medical Guy-Liner & Lips Eyeliner, Including Eyebrows, Including Areolae, scalps & non-laser removals Medical Tattooing Scars& non-laser removals Including Areolae, scalps Caused by accident or surgical trauma Scars Camouflage Cosmetic or surgical trauma accident Caused by Creams for those not suitable for tattooing Cosmetic Camouflage Tattoo suitable for tattooing notRemoval Creams for those Non-laser removals Tattoo Removal removals Non-laser Retford, DN22 7UZ MTEC Limited, 58a Bridgegate, Area of work Nationwide DN22 7UZ 58a Bridgegate, MTEC 07875 498145 Mobile:Retford, 01777 860500 Tel:Limited, Nationwide Area of workWebsite: www.dawncragg.net Email: dawn@dawncragg.net Tel: 01777 860500 Mobile: 07875 498145 Email: dawn@dawncragg.net Website: www.dawncragg.net

EXPERT WITNESS SERVICES IN MATERIALS AND STRUCTURES www.rsk.co.uk please contact Dr Ian Sims: isims@rsk.co.uk Tel: +44 (0)1442 437 500

310 310 Expert witness in materials and structures ad_Aug 19_137x93.5mm.indd

21/08/2019 14:30:05

Dr Peter J Corr Consultant Clinical Psychologist

About:

Established in 2018, Bridge Psychology Services Limited is a specialist provider of clinical psychological assessment services for young people and adults. We specialise in assessing young people who have learning disabilities, learning difficulties, neuro-developmental conditions and associated emotional, social and mental health difficulties. With our high quality assessments we aim to provide a Bridge between where you are now and where you need to be.

Clinical & Diagnostic Assessment Clinical & Diagnostic assessments may need to be undertaken to: determine a personâ&#x20AC;&#x2122;s cognitive or intellectual abilities; to guide the provision of their education in the classroom or school; to provide clarity in order to guide clinical intervention and support at home or out in the community; to determine the individuals level of capacity (their ability to make decisions) in line with the Mental Capacity Act 2005; to determine their mental health state; to explore conditions such as Autism, ADHD, Dyslexia, Learning Disability.

Medico-Legal Assessment We are able to provide highly specialised assessments for court and legal purposes. Assessments are primarily available for young people with: Learning disabilities Learning difficulties Other neurodevelopmental conditions

Acquired intellectual difficulties Can also report on their associated emotional wellbeing, mental health and social.

Contact Details:

Email: office@bridgepsychology.co.uk Telephone: 07806564503 www.bridgepsychology.co.uk

DR B DAVID COHEN

PhD, MSc, BDS, MFGDP, LDSRCS, CUEW, MEWI, CertMR

Specialist Endodontist I am a Specialist Endodontist, and I like to think that for over 40 years I have been helping general dental practitioners solve their endodontic problems. In that time I have treated something over 25,000 teeth!

Dento-legal Services include: Accidents Slips & trips RTAâ&#x20AC;&#x2122;s

Accidents at work Sports accidents Endodontic Negligence

Contact me about my services: Email: endo@endodontistmanchester.co.uk dento-legal@endodontistmanchester.co.uk Telephone: 07000MOLARS (665277) www.endodontistmanchester.co.uk

Many personal injury cases will involve damage to the face, mouth and dental tissues, but little seems to have been written about it. Dental/facial injuries can occur in a number of situations such as slips and trips, sporting injuries, workplace accidents and, of course, road traffic accidents. So what would a Personal Injury lawyer want to know about dental injuries that may be different from his regular exposure to medical ones? Firstly, after compiling many hundreds of Condition and Prognosis reports for lawyers, I have noticed a regular tendency for me to be sent all the clinical notes relating to the client, all that is, EXCEPT the dental notes. I realise that many lawyers/agencies use a template of some sort to organise documents, but it rarely includes the clinical notes from the patient’s dentist. So I would make a plea, if you ask for a dental report on your client, please remember to include the dental notes. It is no good me knowing all about the Client’s gynaecological history [the female ones that is], but nothing about their dental history. And whilst on the subject of dental notes, please do not send photocopies of X-rays, they are not worth the paper they are copied onto. Have them copied onto film, or digitised and emailed. And if you do send them securely, please remember to advise the expert of the password! You would be surprised how many times I have been sent a protected disc of X-rays or clinical notes and not told the password! Secondly, the most common problem I would like to address is this. In many cases damage is caused to other teeth, other than those most noticeably affected or damaged. This was exemplified by a case I saw only recently. In this road traffic accident a young man was thrown off his motorbike and a front tooth severely damaged. This resulted in the tooth being extracted soon afterwards. As he was not a regular attender at his dentist, no followup was undertaken, even though he was suffering intermittent sensitivity from the tooth next to the extracted one. Some months later, when I saw him for a consultation to compile a Condition and Prognosis report, I noticed on his X-ray that severe calcification had occurred in the root canal of the tooth next to the extracted one. This is similar to the “clogging” of arteries and can lead to further dental problems in the future. Potentially the tooth could become infected and because of the calcification treatment may prove very difficult, and the tooth may have to be extracted. All caused by the index accident. This could be avoided if regular investigations catch the lesion before it gets too big and untreatable. As well as that, I noticed that the tooth next to it had a horizontally fractured root that had, “on the balance of probabilities”, been fractured at the time of the accident. So what do we learn from that? From a Personal Injury lawyer’s point of view, I think it is important to ensure that the expert looks at all the nearby and adjacent teeth to ensure that damage has not occurred to them as well. It is also important to allow for the fact that time may be an important factor, as some injuries, e.g. calcification, or even the opposite, root resorption, do not occur for some time afterwards. Finally is the issue is of quantum. In many cases of dental injury the teeth require substantial repair, often involving expensive crowns or bridges. It is now generally recognised that these restorations will require regular replacements over the lifetime of the client. Evidence seems to infer, for example, that crowns may need replacing every ten to twelve years due to decay affecting them. Remember to make sure the client’s claim includes these replacements if appropriate.

Mr Nikhil Shah

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

Consultant Orthopaedic & Trauma Surgeon Speciality Areas: Elective Practice • • • •

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

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.

Contact: Nikhil.shah@consultantcare.com 0161 393 3059

Infection after joint replacement surgery Artificial hip and knee joint replacements are commonly performed and generally successful pain improving operations in contemporary orthopaedics in patients affected by arthritis. Although they have good long term results, they can also be associated with some serious complications like prosthetic joint infection (PJI). Although the incidence is low, (the generally quoted figure is approximately 1-4 % and certain groups of patients are more likely to be at a higher risk than others), PJI can be a devastating complication. The outcomes after infected knee replacements are stated to be worse than cancer and the mortality after infection is much higher than aseptic failures. Although it is a recognised complication after orthopaedic surgery, it is also unfortunately a common cause of expensive and distressing litigation. This brief article explains some common scenarios and terminology, and looks at some of the common reasons why surgeons may find themselves the subject of litigation for alleged clinical negligence associated with prosthetic joint infection.

In a medicolegal practice, the commonly encountered issues are amongst the following although by no means is this an exhaustive list. 1 - consenting process 2 - preoperative assessment and antibiotic prophylaxis 3 - operative technique and environment 4 - post-operative care and delayed diagnosis or delayed treatment 5 - surgical treatment of established infection A meticulous history, thorough clinical examination, and adequate time spent with the patient in the first and subsequent consultation combined with a robust patient education programme goes a long way in preventing subsequent issues about communication and consent. It is important at the outset to identify the risk factors prior to surgery, and educate patients in health optimisation measures. Evidence would suggest that certain factors like diabetes mellitus, high body mass index, anaemia, previous surgery to the joint, local skin and soft tissue problems, immunocompromised status due to various reasons, steroid medications, ongoing systemic foci of infection, etc may put the patient at a higher risk of PJI. It is important to identify such factors in the preoperative assessment clinic and pragmatically attempt to correct them prior to surgery such as correction of anaemia, control of diabetes, optimisation of weight, and cessation of smoking. Most joint replacement centres have well established pathways, checklists and protocols in the patient journey to surgery, including a screening process for infective foci, MRSA screening, managing dental or urinary tract infections before surgery, medical assessment and treating local skin conditions. There is also lot of emphasis on same day admission, operating in a clean air environment, operating room discipline, meticulous skin preparation, theatre room apparel, and surgeons “spacesuits”. Whilst no single measure can be considered more important that the other, it is the whole disciplined process that makes a difference to infection prevention.

Preoperative antibiotic prophylaxis is considered essential. However this is still regrettably identified as a reason for litigation where omission of the antibiotic is one of the allegations. This is an important step in the WHO safe surgical checklist and should not be omitted. In many cases it is the documentation that is suboptimal. It is important to ensure that not only are appropriate antibiotics given before surgery, but the exact antibiotic, dose, and time of administration is meticulously documented. It need not be pointed out that poor documentation makes it difficult to prove an action or defend it. This also applies to documenting the entire patient journey from the clinic to the final outcome. Delay in the diagnosis of infection after surgery is probably one of the commoner reasons for litigation. After surgery it is common for there to be raised local skin temperature and redness of the wound making it difficult to diagnose early infection. A high index of suspicion is required in a patient who is not progressing well after surgery and continues to experience high levels of pain, poor function or local wound problems. Pain is a common reason why patients become dissatisfied and find reason to complain or litigate. Interpretation of blood tests such as ESR and CRP can also be difficult as they are commonly raised after surgery. A rising trend in these inflammatory parameters in more helpful in suspecting that something may not be right. Oozing or leaking of the surgical wound is a difficult issue as to how it should be managed. This is often due to the blood thinning medications (chemical prophylaxis against venous thromboembolic episodes) which increase the incidence of wound oozing. Many of these will settle down. But there should be a low threshold for active treatment in case they donâ&#x20AC;&#x2122;t, early second opinion and washout of the wound or underlying haematoma in appropriate cases. Patients should be educated regarding wound problems at the time of discharge. It is important to also ensure good communication with the GP and district nurses who are usually responsible for care after discharge in the weeks after surgery. If they have any concerns it helps to have easy access for them or the patient to contact the surgical team and be reviewed to check for early infection. This prevents delay in diagnosis. When a patient presents in the first few months or years after surgery with a painful joint replacement, it is important to have a high index of suspicion to exclude infection by clinical, serological and imaging methods and by obtaining biopsy specimens for bacterial or fungal cultures. An early second opinion is most helpful and discussing such cases in a multidisciplinary team environment (Infection MDT) helps in providing quality and safe care. Treatment of established infection depends upon the type of infection, host factors, organisms, and whether the joint is well fixed or loose. A DAIR procedure is when the surgeon attempts to save the prosthesis by performin Debridement of the infected joint, local and systemic Antibiotics, and Implant Retention (changing modular removable components). This treatment is more successful when performed in the early stage of an acute presentation usually in the first few weeks. Delay in performing a DAIR procedure also figures commonly in clinical negligence work. However DAIR procedures even when performed in a timely fashion are not universally successful and have a recognised non-negligent failure rate. Documenting the decision making process is vital. For established infections, failed DAIR procedures, or loose joints, a revision procedure is usually required. This may be performed in a single stage or in two stages. A two stage revision has been the historical gold standard but the one stage philosophy is gaining ground as an equally effective procedure in the appropriate patient. Performing a revision for infection in a single stage is a recognised strategy now and not necessarily a breach of duty. Finally, management of PJI is now increasingly being performed as part of an MDT process as recommended by the UK GIRFT report (Getting It Right First Time) to ensure that our patients get the best possible care with standardisation of processes and avoidance of variation in an increasingly expensive health care scenario, which should be the primary goal of treatment rather than just prevention of litigation. Mr Nikhil Shah Consultant Trauma and Orthopaedic Surgeon, Wrightington Hospital, UK

Mr Andrew R H Grace MB BS, FRCS, FRCSLT (Hons), PGCME Consultant Otolaryngologist I have over 30 years experience in medico-legal work as Consultant ENT Surgeon working in York. Widely experienced in personal injury cases involving the head and neck. Particular interests in rhinology and laryngology including voice and swallowing problems.

Contact me:

Telephone: 01904 715000 / 07710 646209 Email: andrew.grace1@nhs.net Website: www.medicolegalent.co.uk

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Mr McLAIN expert witness

specialist in personal injury & orthopaedic surgery

Mr McLain worked in Accident Surgery and General Orthopaedic Surgery. Involved in the care of general trauma cases and worked as a General Orthopaedic Surgeon. Mr McLain is a Doctor of Medicine Fellow of the Royal College of Surgeons of England and a Fellow of the British Orthopaedic Association He has a large medico-legal practice of around 400 cases a year, perhaps 80% single expert, 15% for Claimant and 5% Defendant.

01604 646 412 mauricemclain@btconnect.com

Dr Anthony Bleetman

Areas include: Orthopaedic surgery Paediatric orthopaedics & trauma Repetitive strain injuries ( RSI ) Peripheral nerve injuries Accident and trauma surgery Soft tissue injuries Musculo-skeletal injury and diseases Whiplash injuries

12 Redhouse Square Duncan Close Moulton Park Northampton NN3 6WL

Mr Jon. Leigh

PhD FRCSEd FRCEM DipIMC RCSEd About me: I was appointed consultant in Emergency Medicine in 1996. I recently left the NHS to embark on over-seas and non-NHS projects. I now work part-time, as a Locum Consultant at Whipps Cross Hospital in London and hold a part-time position as a senior Emergency Physician in Beilinson Hospital, Israel. I completed medical school in 1989. I trained on a surgical rotation in Glasgow and received the FRCSEd in 1993. I commenced higher specialist training in Emergency Medicine in 1994 and was appointed Consultant in Accident and Emergency Medicine at Birmingham Heartlands Hospital in 1996. I left the NHS after serving as Clinical Director of Urgent Care and Consultant in Emergency Medicine at Kettering Hospitals NHS Foundation Trust. I also served as a part-time Consultant Trauma Team Leader at St Mary’s Hospital Major Trauma Centre in London for three years. I held an honorary Associate Clinical Professor at the University of Warwick Medical School. I am active in two Master’s Programmes and have an active and extensive research portfolio. I served as a HEMS (air ambulance) doctor 12 years, serving as Clinical Director of the Midlands Air Ambulance for three years. I was an active pre-hospital doctor regularly working with the ambulance service at the scenes of major accidents and patient entrapments. In 1992, I was awarded the Diploma in Immediate Medical Care by the Royal College of Surgeons of Edinburgh. I was awarded the Queens Golden and Diamond Jubilee Medals for my pre-hospital emergency work. I have a special interest in restraint-related injuries and use of force. I am able to offer opinions on use of force, and injuries sustained during arrest and detention. I continue to provide expert advice to Police organisations and other national bodies. I have been preparing medico-legal reports for over 20 years and have experience in giving evidence in court. My practice deals with personal injury, injuries sustained during arrest and restraint, emergency (A&E) care and medical negligence.

Achievements : I was awarded the Fellowship of the Royal College of Emergency Medicine (FRCEM) in 1997. I received a PhD in Occupational Health from the University of Birmingham in 2000 for development work on body armour. I am a former member of the Faculty of Examiners of the Royal College of Surgeons of Edinburgh. I sat on government advisory committees for disaster and emergency planning. I have published numerous articles in peer-reviewed professional journals. I serve as a medical advisor to the Ministry of Defence serving as a member of SACMILL (Scientific Advisory Committee on Medical Implications of Less Lethal Weapons).

Contact me:

Phone number: 07885347743 Email: bleetmanpartnership@gmail.com Postal address: 1 Brewery Passage, Faringdon SN7 7HE

Registered Osteopath & Registered Naturopathic Physician

I have been in practice for forty-six years and in addition to back, neck and joint pain I have a special interest in the injuries arising from motor car accidents, occupationally related accidents and sports accidents. I have treated injuries incurred by international sailors, motor racing drivers and mechanics, dancers, weight lifters, golfers, rugby players, cricketers, ice skaters, ice and grass hockey players, light aircraft pilots and kabadi players. I have undertaken training in medical report writing and presentation in court and I have also been trained as a single joint expert witness. I have appeared in Crown Court and at industrial tribunals. As a hobby I enjoy flying, holding a private pilot’s license and have knowledge of the specific stresses that pilots are subject to when flying and the particular injuries that occur. The Gillingham Clinic of Complementary Medicine, which I established over thirty years ago is the oldest clinic of complementary medicine in the Medway Towns. We have qualified practitioners from many modalities including, osteopathy, naturopathy.

Mr. Bohra has an active interest in medico legal work. He is based in the Midlands and sees clients in Birmingham, Halesowen and Derby. He is aware of the requirements of Part 35 and Practice Direction 35, the Protocol for the Instruction of Experts to give Evidence in Civil Claims and the Practice Direction on pre-action conduct. He obtained the â&#x20AC;&#x2DC;Bond Solon Civil Procedure Rules for Expert Witnesses Certificateâ&#x20AC;&#x2122; to evidence his understanding and compliance with the above requirements. He has undertaken numerous courses and attended relevant conferences to keep himself updated in the field. He has been providing medical expert witness reports over the last 8 years for law firms and agencies across the country. He is a member of the BMLS (Birmingham Medico Legal Society) and the National Expert Witness Agency (NEWA). He has also worked for NHS LA and has been an invited speaker for NHS LA in the past. He provides reports for a variety of General and Gastrointestinal Surgical cases, Accident claims, and Negligence claims. He has experience of providing report for claimants, defendants and joint representation and joint reporting. The medico legal interest in surgical issues includes medico legal reports, case management reporting, injury or trauma including hernia, accident claim, emergency surgery, medical errors, medical negligence, clinical negligence and accident claims pertaining to general health care, symptoms, major and minor general surgical procedures and complications, and subspecialty issues related to abdominal, laparoscopic, bariatric and gastrointestinal surgery. Clients can be seen within a week and a detailed report with a summary will generally be prepared within 3 weeks or sooner if required, after receiving all relevant documents and information following the instruction. Reports will be addressed to the court. No conditional cases (where fee is dependant on outcome) are undertaken.

Contact me:

Mobile: 07812 112820 Email: enquiries@ashokbohra.co.uk Secretary: natalie.brealey@nhs.net Website: http://ashokbohra.co.uk

Dr Smruta Shanbhag Consultant Gynaecologist and Gynaecological Oncologist

About me: I am a RCOG and PMETB approved sub-specialist in Gynaecological Oncological surgery with dual accreditation in Obstetrics and Gynaecology as well. My expertise in Gynaecological Oncology includes diagnosis, investigations and surgical management (laparoscopic and open) of all cancers of the female genital tract. I work at University Hospitals Coventry and Warwickshire NHS trusts, Nuffield Warwickshire, Glasgow Nuffield and BMI Meriden in Coventry. I specialise in management of general gynaecological conditions such as menstrual problems, endometriosis, pelvic inflammatory disease and pelvic masses. My expertise covers diagnosis and management (surgical and non surgical) of the same. I offer surgical management via Minimal access approach as well as the open approach for operations such as hysterectomy, oophorectomy, ovarian cystectomy, radical hysterectomy, pelvic and para-aortic lymphadenectomy and omentectomy. I am BSCCP accredited and have expertise in abnormal smears and colposcopy for HPV and non HPV related disease of the vulva, vagina and cervix.

Specialising in: All cancers of female genital tract Vulval cancer Precancerous disease of vulva- lichen sclerosus and Vulval Intraepithelial neoplasia (VIN) Vaginal cancer Precancerous disease of vagina – Vaginal Intraepithelial neoplasia (VAIN) Precancerous disease of cervix – Cervical Intraepithelial neoplasia (CIN)

Cervical cancer Abnormal smears Colposcopy and associated treatments such as Loop treatment, conisation Uterine/ Endometrial cancer Fallopian tube cancer BRCA mutations and cancer Expert Witness Heavy mentrual bleeding

Working as an Expert Witness: I attended Inspire MediLaw’s Expert Witness Course in Dec 2018. This training for acting as a medical expert included expert’s duties, legal tests for negligence, and conduct and procedure in court. I keep myself up to date with latest evidence by regularly attending teaching and update conferences and reading published literature in medico-legal practice. I have provided expert opinion to the Central Legal Office in Scotland, and also on claimant instructions for sexual offences, abnormal smear and gynaecological cancer.

Get in touch: Email: s.shanbhag@nhs.net Website: www.gynaemedical.net Telephone: (Secretary ): 01926 436342 or 024 7664 7065

Professor Rotimi A K Jaiyesimi

Mr. Rotimi A K Jaiyesimi MBBS, FRSPH, FWACS, FRCOG, MBA, LL.M (Medical Law) MBBS, FFSRH, FRSPH, FWACS, FRCOG, MBA, LL.M

Associate Medical Director for Patient Safety Consultant Obstetrician and Gynaecologist CQC Maternity Associate Medical DirectorAdviser for Patient Safety

Expert Medical Witness: Consultant Obstetrician and Gynaecologist – Birth injuries: Shoulder dystocia, Cerebral palsy, Stillbirth, perineal trauma, complications of operative vaginal delivery – Complications of gynaecological surgery

T: 07415 900 457 E: jaiyesimi@obs-gyn.org T: 07415 900 457 E: jaiyesimi@obs-gyn.org

DNA ANALYSIS at King’s

King’s Forensics provides specialist forensic services in DNA for criminal justice within our laboratories located in the centre of London. We have a close working relationship with both the Metropolitan Police and the City of London Police through our teaching and research. We are happy to provide expert advice for your case and offer the following services: • • • • •

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All of the DNA tests we offer meet international quality and legal standards. UK Ministry of Justice accreditation to conduct complex immigration and court-approved tests; UKAS Quality Standard BS EN ISO 17025 laboratory, subject to regular independent UKAS inspection; compliant with the Department of Health Code of Practice and Guidance on Genetic Paternity Testing Services.

DNA analysis at King’s King’s Forensics Franklin-Wilkins Building 150 Stamford Street London SE1 9NH Tel: 020 7848 4130 E: Lesley.Nott@kcl.ac.uk E: DNA.Forensics@kcl.ac.uk W: www.kcl.ac.uk/dnaanalysis Twitter: @KingsForensic

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Contact Details: Contact telephone number: 0737 736 6642 (Secretary)

Contact email address: info@hughhenderson.co.uk

Website address: www.hughhenderson.co.uk

Correspondence address: Nuffield Health Leicester Hospital, Scraptoft Lane, Leicester, LE5 1HY I qualified as a doctor in 1970 and started training in plastic surgery in 1978 and so have 40 years experience in plastic surgery, with additional training in the fields of orthopaedics, neurosurgery, ENT and eye surgery. I have experience in all forms of cosmetic surgery and have carried out most of the modern techniques. I gave up doing surgical operations in 2018 and have concentrated on preparing medico-legal reports and doing non-surgical work with Botox and fillers, which leaves enough time to write a book on lessons learnt from dealing with 10,000 cases of alleged negligence in the past 40 years.

Telephone: 01277 650 363 Email: info@shgoss.co.uk Grounds maintenance experts offering a range of services across the UK

S H Goss has had an association with the weed control and grounds maintenance industry since 1972. As an industry leader, the company can call upon an unrivalled range of skills, experience and expertise. Throughout our area of operation, companies large and small, public and private, local and national have all called upon Goss to provide a specialist service. Our services include: Ground Care Invasive Species Management Ecology Services Trees & Landscaping

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Mr Martin Heaton, FRCS MD FRCS(Plast)

Consultant Plastic Surgeon

Email: mjheaton@doctors.org.uk Telephone: 07946 486857 Date of birth:

04/11/1968

Nationality:

British Citizen

Address:

77 The Street, Rockland All Saints, Attleborough, NR17 1UX

Email:

mjheaton@doctors.org.uk

Telephone:

07946 486857

GMC status:

Registered with a licence to practice Listed on Specialist Register for Plastic Surgery

GMC number:

3593114

Education:

Abbot Beyne School 1981-1987 Nottingham University Medical School 1987-1992

Qualifications:

BMedSci BM BS FRCS MD FRCS(PLAST)

1990 1992 1996 2003 2006

NHS employment:

Norfolk and Norwich University Foundation NHS Trust

2010 - present

Private practice:

Mr Heaton works entirely within the NHS.

Medicolegal practice:

Norfolk and Norwich Hospital, Norwich.

Professional qualifications: I qualified BM BS from the University of Nottingham Medical School in 1992. Whilst a medical student, I completed a BMedSci intercalated degree attaining an upper 2nd. I became a Fellow of the Royal College of Surgeons in 1996 and subsequently obtained a doctorate (MD) from the University of Sheffield in 2003 for research into reconstructed skin. I passed the Intercollegiate Specialty Board examination in plastic surgery in 2006 and was awarded FRCS(PLAST). I was added to the GMC specialist register in plastic surgery in 2008. NHS Consultant appointments: I was appointed a locum consultant plastic surgeon at the Leicester Royal Infirmary in 2009 specialising in breast reconstruction. I was appointed to a substantive consultant at the Norfolk and Norwich University Hospital Foundation NHS Trust in July 2010. Private practice: Mr Heaton works entirely within the NHS Experience: Management of head and neck cancer and skin cancer. Reconstruction of post-traumatic and post treatment tissue defects of all parts of the body using the full range of plastic surgery techniques including microsurgery. Assessment and management of scars and complex wounds. Treatment of hand injuries. Presentations: I have presented, chaired sessions and been invited faculty at a variety of plastic surgery, head and neck and skin cancer meetings. Expert witness training: I have attended the Bond Solon ‘Excellence in Report Writing’ course. Medicolegal report writing experience: I regularly prepare and write reports for the Scottish Public Services Ombudsman and the Parliamentary and Health Service Ombudsman (8 – 10 cases per annum). I am an approved expert witness for the General Medical Council (3 – 4 cases per annum). Membership of expert witness organisations: National Expert Witness Association.