Page 12 Medicolegal Peak Medicolegal Services Ltd Nusrat Mir Expert of the Year - United Kingdom They may be seeking justice, but they also need to be heard. A listening ear is therapeutic.
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Lawyer Monthly Expert Witness Awards 2023
As the editor, it is with great honor that I introduce the Lawyer Monthly Expert Witness Awards, an event that celebrates the invaluable contributions of expert witnesses across various sectors. This year, we are privileged to recognize a group of professionals who have exemplified excellence in their fields, providing critical insights and expertise in legal cases. Their work has not only been instrumental in the pursuit of justice but has also set new standards in expert witness testimony. We are delighted to feature Dr. Nusrat Mir of Peak Medicolegal Services LTD, who has made significant contributions in the medico-legal field. Dr. Mir’s expertise and meticulous approach have been pivotal in complex medical cases, helping to clarify intricate medical issues for the courts. Professor Charles McCollum from McCollum Consultants is another distinguished honoree. His extensive knowledge and experience in the medical field have been invaluable in providing expert opinions in numerous high-profile cases. Many other distinguished Expert Witnesses are featured on these pages, and the Lawyer Monthly Expert Witness Awards are a testament to the dedication and expertise of these professionals. Their work not only supports the legal system but also upholds the highest standards of truth and accuracy. We are proud to honor their achievements and their commitment to excellence in the legal profession. Featuring Exclusve Inights from Expert Witnesses around the world. Winners Index containing 100 leaders in the field. WWW.LAWYER-MONTHLY.COM
Featured Winners
Lawyer Monthly Expert Witness Awards 2023 Editor’s Picks Nusrat Mir 12 David Cook & Chris Gahagan 26 Prof Charles McCollum 20 Dr Devika Colwill 28 Andrew Freedman 22 Keith Rix 30 Chris Turner 24 Vincent Theobald-Vega 32 WWW.LAWYER-MONTHLY.COM
“The best strategy for any potentially stressful situation, such as cross-examination, is good preparation.”
13 MEDICOLEGAL EXPERT OF THE YEAR Welcome to our in-depth conversation with Dr Nusrat Mir, a highly respected Consultant Psychiatrist and Expert Witness. Dr Mir’s work epitomises the intersection of psychiatric care and the legal world. His role as an Expert Witness reveals a different facet of his professional life - one punctuated by medicolegal examinations and contributing his psychiatric expertise to complex personal injury and clinical negligence cases. Join us as we delve into his unique blend of roles, offering a rare glimpse into this intriguing nexus of mental health and law. Nusrat Mir Peak Medicolegal Services Ltd c/o ParkHead Consultancy, 356 Ecclesall Road South, Sheffield, S11 9PU T: 0114 2361281 E: Info@parkheadconsultancy.co.uk Linkedin: www.linkedin.com/in/nusrat-mir United Kingdom
I graduated from the University of Manchester in 1995 with degrees in Medicine (MBChB) and Psychology (BSc (Hons). I was awarded a Distinction in Psychiatry. I commenced basic postgraduate psychiatric training in Oxford in 1996. Having a keen interest in the interface between medicine and psychiatry, I spent the next three years training in General Practice (MRCGP) before continuing my psychiatric training in Glasgow. In 2002, I became a Member of the Royal College of Psychiatrists (MRCPsych). Between 2003 and 2007, I held the academic position of Clinical Lecturer in Psychiatry at the University of Sheffield, during which time I conducted original neuropsychiatric research, was Academic lead for Undergraduate clinical psychiatry teaching, and completed my Higher Specialist training in General Adult and Liaison Psychiatry. I was appointed as a Consultant in Perinatal Psychiatry for Sheffield Health and Social Care NHS Foundation Trust in 2009. I led the Sheffield Perinatal Mental Health Service, a specialist service dedicated to the care of pregnant and postnatal women with severe mental health problems, for 13 years. Under my leadership, the service was transformed from a fledgling team into a regional Multidisciplinary specialist service with over 30 staff, covering South Yorkshire. This involved successfully bidding for substantial NHS government funding in 2018, in which I played an instrumental role. The transformation of Perinatal Mental Health services in the South Yorkshire region, I would consider to be the proudest achievement of my NHS career to date. During this time, I also held various other positions for my Trust, including the Named Doctor for Safeguarding Children and Clinical Staff Governor. My contribution to NHS service development, clinical service delivery, training and research was recognised through Clinical Excellence Awards on About Nusrat About Nusrat About About Active in Medicolegal work since 2009 Holds Degrees in Medicine & Psychology from University of Manchester Fellow of the Royal College of Psychiatrists Coauthored scientific publications in Neuropsychiatry 14 United Kingdom
three occasions. I also served on the Royal College of Psychiatrists Perinatal Faculty Executive Committee between 2010 and 2014. In 2023 I was elected to Fellowship of the Royal College of Psychiatrists. I currently provide medical leadership to a Community Mental Health Team dedicated to the care of patients with severe and complex psychiatric disorders such as schizophrenia, bipolar disorder, schizoaffective disorder, severe depressive disorder, generalised anxiety disorder and complex post-traumatic stress disorder. I cover a deprived area of North Sheffield, with a very diverse population which brings with it a lot of challenges and rewards at the same time. It is a chance to make a difference to the lives of some of the most vulnerable members of our society. I am an Honorary Senior Clinical Lecturer in Psychiatry at the University of Sheffield and an Examiner for the Royal College of Psychiatrists. I have a deep interest in medical education. I have written educational articles, book chapters for health professionals and delivered numerous educational lectures and seminars on Psychiatry to medical students and postgraduate specialists over the years. I have also co-authored original peer-reviewed scientific publications in Neuropsychiatry and presented research at international conferences in Hungary, Italy and the UK. I have been active in Medicolegal work since 2009. My Medicolegal work is managed by Parkhead Consultancy in Sheffield. As an expert witness, I specialise in the psychiatric aspects of clinical negligence, personal injury, fitness to practice, capacity assessment, family law, occupational stress and fitness to plead. As one of the leading Perinatal Psychiatric Expert Witnesses in the UK, I am regularly instructed on Perinatal Clinical negligence cases from across the country. I have a particular interest in birth trauma in all its manifestations. I am on the UK Register of Expert Witnesses and am accredited by the charity, Action against Medical Accidents (AvMA). I am also on the Clinical Expert Panels of the General Dental and General Pharmaceutical Councils in the UK. I have prepared over 800 medicolegal reports for claimants and defendants and given evidence in court. My current Claimant: Defendant split is 70:30, and I prepare an average of 12 reports a month. I have been a guest speaker at meetings organised by the legal community in recent years. This has included face-to-face seminars as well as webinars. I have presented on topics such as ‘Post-Traumatic Stress Disorder after Childbirth’ and ‘Medicolegal Issues in Perinatal Psychiatric Injury’, the latter being delivered under the auspices of AvMA, in 2020. 15 United Kingdom
Dr Mir, could you explain your role as a Consultant Psychiatrist and an Expert Witness? What does a typical day look like for you? I currently work as a NHS General Adult Psychiatrist leading a big Community Mental Health team in a deprived area of Sheffield. A typical day is varied and can include outpatient clinics, home visits, Mental Health Review Tribunals, and chairing Multidisciplinary team meetings. I also teach medical students and supervise Psychiatric trainees. I am very passionate about this. We have a duty to pass on our knowledge and experience to the next generation of doctors and Psychiatrists. We have to do this well as one day, we will inevitably have to pass on the baton to them. We might even need their expertise ourselves one day! My Expert Witness work has, up to now, been done in the evenings and weekends though that is due to change as I will be going part-time in the NHS in September 2023. My appointments are face-to-face or virtual. I will typically see two or three cases an evening. There may also be a teleconference with a Barrister to do. The pandemic definitely changed how we work. We all had to adapt, myself included. It has meant that about 70% of my current Medicolegal examinations are virtual. This has not affected the quality of my reports and has made me more accessible to clients across the UK. Report dictation and checking are mainly done at weekends. I receive excellent administrative support from Parkhead Consultancy, Sheffield, who manage my private work. Can you elaborate on your work concerning clinical negligence and personal injury cases? How do you approach these cases, and what role does your psychiatric expertise play? I have dealt with all types of personal injury cases over the years. This has included anything from work-related incidents to unprovoked assaults and road traffic accidents. The latter remains the most common type of personal injury case I am instructed on. Clinical negligence cases have included delayed cancer diagnosis, surgical errors, and misdiagnosis of a life-threatening condition. I have a particular interest in Perinatal Psychiatry and birth trauma. As such, I have provided evidence on numerous perinatal cases of mismanaged pregnancy, stillbirth, traumatic instrumental delivery and retained products of conception, to name a few areas. The common theme linking Personal injury and Clinical negligence is trauma, something Psychiatrists are welltrained in identifying at the emotional level. Being involved in a serious road traffic accident that leaves you paralysed or being told you have advanced breast cancer that was missed in its early stages on a mammogram two years earlier, may have significant psychological consequences. The role of the Psychiatric expert is vital in identifying and quantifying psychiatric injuries whose toll can be no less than that of physical injury. I am naturally passionate about ensuring that psychiatric injury is given its due in the Medico-legal setting, especially as in the NHS we have sadly still An Exclusive Interview with Dr Nusrat Mir 16 United Kingdom
not achieved parity of esteem between physical and mental health. How do you maintain objectivity and impartiality when providing your expert testimony? One is neither a representative of the claimant nor the defendant but is an independent expert whose duty is always to the court. I never lose sight of this fact. For me, the key to maintaining impartiality and objectivity in expert testimony is holding true to the core ethical principles that guide medical practice. As doctors, we are trained to do no harm, respect patient autonomy and act fairly in all situations. This means fairness in clinical decision-making and fairness in expert testimony. How do you handle situations where your professional opinion may not align with the perspective of the legal team that has retained you? This comes back to knowing your duty is to the court, not to any other party. I remind myself that I am the Psychiatric Expert witness and could be crossexamined on the evidence I provide. I have to maintain integrity and be confident that I will be able to defend my opinion in court. Having said that, one has to keep a degree of humility. I have had the pleasure of working with many astute solicitors and barristers who have, at times, highlighted points in a case that has made me refine my opinion, only if it still makes clinical sense to me as a Psychiatrist. Many of our readers will assume that being cross-examined in court is a stressful experience. Can you share any strategies you use to prepare and how you handle this pressure? Cross-examination in court is indeed a stressful experience. I am lucky that my court appearances have been relatively few in number, as most of the cases I have prepared reports for have been settled before getting to that stage. I think the best strategy for any potentially stressful situation, such as crossexamination, is good preparation. That means ensuring that you know your own evidence inside out and being clear about the rationale for your opinions, as they will undoubtedly be challenged. That said, one should remain humble and human. Expert witness courses help, as does a good night’s sleep the night before a hearing. Considering the workplace transformations due to the recent pandemic, have you observed an increase in cases related to occupational stress, and has this impacted your evaluation method? That’s an interesting question. The sudden change in working patterns due to the pandemic inevitably brought additional stress into our lives. However, I have to say that I personally have not seen that translated into increased cases of occupational stress coming my way. This is perhaps surprising. What I have seen and continue to see is clinical negligence and personal injury cases being impacted negatively by pandemic-related issues. These have been mostly due to social distancing restrictions. For example, clients who have been hospitalised following a serious road traffic accident, had a traumatic postnatal complication or delayed cancer diagnosis, have had to face hospital admission and treatment on their own. Social isolation has always been an important causal factor in Psychiatry, but the pandemic took it to new levels. As part of Peak Medicolegal Services, you offer psychiatric medico-legal reports. Can you walk us through the process of creating these reports and ensuring their accuracy and comprehensiveness? That’s right, Medico-legal report writing is the bread and butter of my Expert witness work. The first stage is the triaging of instructions from solicitors, which come to me via Parkhead Consultancy. I will read through the instruction letter, check if it falls within my area of expertise and consider whether there are any conflicts of interest. Appointments are then arranged faceto-face or virtually with the claimant. I set aside enough time for this in order “It was very rewarding to offer a specialist Psychiatric perspective on medico-legal issues at the interface between Medicine and Law.”
to get as detailed a history as possible. One is only as good as one’s information in Psychiatry, and this helps to prepare a comprehensive report. Time is also important for the reason that claimants will have suffered trauma of some type. Their lives may have been turned upside down through no fault of their own. They may be seeking justice, but they also need to be heard. A listening ear is therapeutic. As well the examination of the claimant, one, of course, needs to go through the documentation relating to the case with a fine-tooth comb, looking for relevant information to be factored into the report. Once it has been dictated and typed, I check the report for any errors and reflect upon whether the solicitor’s instructions have been fully addressed. When I am happy with it, the report is sent off to the instructing party. How do you maintain confidentiality and professionalism while dealing with sensitive mental health information in your practice? As doctors, the importance of confidentiality is drilled into us repeatedly during our long years of medical training, and rightly so. As Psychiatrists, we are in a very privileged position, one in which patients, in their most vulnerable states, open up to us about the most intimate and sensitive things that they may have never told anyone else. This can only happen if we are trusted by our patients, and maintaining confidentiality is at the core of building trust. Empathy is also important during Psychiatric consultations as it helps to build rapport and shows that active listening is taking place. Consultations take place where privacy can be assured. It also goes without saying that all written documentation is dealt with in accordance with GDPR Regulations, with confidential data being disposed of appropriately at the end of a legal case. Lastly, could you share any standout experiences or cases that have particularly shaped your career as a Consultant Psychiatrist and Expert Witness? About eight years ago, I was instructed on a tragic case in Northern Ireland in which a lady of a professional background had smothered her newborn baby son to death. I was instructed by her solicitor to examine her and provide a Psychiatric opinion on her state of mind at the time of the fatal incident. I travelled to Belfast to examine her, where she had been imprisoned. It was very clear to me that the lady had suffered from Postpartum Psychosis, a rare but devastating sudden-onset Psychiatric disorder that occurs within six weeks of childbirth. In this case, it had been characterised by a severely depressed mood and delusional thinking, the lady having been convinced that she needed to ‘save’ her child from the very evil world he had been born into. When it went to court, my independent evidence was factored into the sentencing as the Judge’s verdict, in the end, was one of manslaughter as opposed to murder. For me personally, this was a landmark case in my Medico-legal career as up until then, I had only ever been instructed on General Adult Psychiatric cases, not on Perinatal ones. I have since been instructed on numerous perinatal claims, particularly clinical negligence, and continue to receive instructions on a regular basis. In terms of experiences that have helped to shape my Expert Witness career, I would say that invitations to present to the legal community have been very important. It has been an honour to be invited by lawyers to speak at their meetings as well as by charities such as Action against Medical Accidents (AvMA). I presented a webinar entitled ‘Medico-legal issues in Perinatal Psychiatric Injury’ for AvMA in 2020, which was aimed at Clinical Negligence lawyers. It was very rewarding to offer a specialist Psychiatric perspective on medico-legal issues at the interface between Medicine and Law, two great professions of the world. It offered me an excellent networking opportunity too. “They may be seeking justice, but they also need to be heard. A listening ear is therapeutic.” 18 United Kingdom
Dr Nusrat Mir is the director of Peak Medicolegal Services LTD Peak Medicolegal Services Ltd c/o ParkHead Consultancy, 356 Ecclesall Road South, Sheffield, S11 9PU T: 0114 2361281 E: Info@parkheadconsultancy.co.uk Linkedin: www.linkedin.com/in/nusrat-mir 19
info@McCollumConsultants.com 0161 218 0223 www.McCollumConsultants.com Co-founder, McCollum Consultants Prof Charles McCollum 20
United Kingdom About Charles My first experience of medico-legal work was in 1989 when I was asked by now Lord Daniel Brennan QC, acting for the Claimant, to offer a second opinion on a case where a Vascular Surgeon with an International reputation was accused of undertaking a ‘research procedure’ without seeking informed consent. The original advice received from a wellknown expert in Vascular Surgery was that the Claimant had suffered a serious injury, with a marked deterioration in venous function, as a consequence of ligating an incompetent deep vein (an unusual thing to do!). I advised that, at that time it was not unusual for academic surgeons to carry out new and/or unusual procedures in a bid to push back the frontiers of medicine. As I walked down Middle Temple Lane with the claimant’s previous well-known vascular expert after council’s conference, I was told that my role was to get this case to Court and then to do my best to support the Claimant once there. Perplexed, I telephoned my instructing solicitor to find out if I had misunderstood her instruction. I was greatly relieved to be told that instructing solicitors required independent medical advice whether or not the case had merit. I was sufficiently encouraged to start medicolegal work and subsequently built a substantial and intellectually rewarding medico-legal practice. During the first 10 years of working as a medico-legal expert, I received large numbers of personal injury instructions; often involving injuries that were complicated by deep vein thrombosis (DVT) and/ or pulmonary embolism (PE). With experience, I was increasingly asked to consider clinical negligence. It quickly became clear that I could not expect vascular surgeons in peripheral hospitals to have the same level of experience expected in specialist University Hospital units treating rare, complex or unusual vascular problems. However, any competent clinician should be able to recognise when they are out of their depth and need to refer a patient to a Specialist Centre in order to avoid disabling complications. As my medicolegal practice increased, I made the difficult decision that I should discontinue personal injury work so that I could still focus on my academic role as Professor of Surgery. I appointed Richard Williams-Lees initially to establish Cardiovascular Advisors Ltd (CVA) with experts in cardiology, stroke medicine, vascular surgery, haematology, thrombosis, amputation rehabilitation and diabetes. This specialist advice on all areas of cardiovascular medicine was popular with most of the big law firms focusing on medico-legal work. VASCULAR SURGERY EXPERT OF THE YEAR 21
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Canada 23 Business Valuations Expert of the Year About Andrew Andrew has more than 30 years of experience providing business valuation, litigation support and expert witness services. He is qualified as an expert and has testified before the Ontario Superior Court of Justice and the Alberta Court of Queen’s Bench and various arbitration tribunals in business valuation, damage quantification and related matters. Andrew is the co-author of The Financial Principles of Family Law (Carswell Legal Publications, 2001), an associate editor of Reports on Family Law (Carswell Legal Publications) and a contributor to Evidence in Family Law (Canada Law Book, 2010). He is also a frequent author and speaker on valuation and income tax matters for professional journals and organizations, including the Canadian and American Bar Associations, the Law Society of Ontario, the Ontario Bar Admission Course, the Canadian Tax Foundation, the National Judicial Institute, the Institute of Chartered Business Valuators and other professional organizations. Andrew is a Chartered Professional Accountant, Chartered Business Valuator (achieved highest mark in Canada), Senior Member of the American Society of Appraisers, member of the ADR Institute of Ontario, Inc., holds a specialist designation in Investigative and Forensic Accounting and is Certified in Financial Forensics. Prior to co-founding Verity, he was a Managing Director in the Toronto office of a large multi-national valuation and professional services firm within the Disputes, Investigations & Valuations practice. www.veritygroup.ca Founding Partner - Verity Valuation Group Andrew Freedman
24 AXTEN AVIATION Axten Aviation is delighted to receive this award in recognition of our work over the last year – and thanks to our clients who have nominated us. Axten Aviation’s team provides consultancy and expert witness services across the breadth of the aviation industry, in the UK and internationally. Our consultants are qualified and experienced, specialising in fixed-wing and helicopter operations, engineering, leasing disputes, air traffic control, airfield planning and employment matters. Delivering a range of services from general advice through to giving Courtroom evidence, team members have undergone expert witness training with the Expert Witness Institute (EWI), Bond Solon, the Academy of Experts, and an aviation specialist Chambers. We’ve worked roughly equally on behalf of both claimants and defendants. Recent cases include: • Aircraft leasing disputes’ • Quantum claims for lost careers • Air Traffic Control related accidents in Asia and the Middle East • Military, ex-military, and unlicensed airfield planning applications • General Aviation (GA), airline and helicopter accidents and incidents • GA, airliner, and helicopter maintenance and valuation disputes • Airfield noise issues Axten operates a report review system, ensuring that reports are consistent, logical and of high quality. Our post-case quality system elicits feedback from clients – testimonials are on our website. ABOUT CHRIS Captain Chris Turner leads the Axten team. Over a forty five year aviation career, he’s held several senior management posts including Chief Pilot of a major UK airline. Chris is a Boeing B787 Dreamliner Examiner and Instructor and has been a training pilot for over thirty five years. He has worked as an expert witness since 2013, is one of only two UK aviation experts certificated by the EWI, and is a Governor of the Institute. Axten Aviation offers professional advice without charge – please contact us via our website at www. axtenaviation.co.uk. We look forward to hearing from you. www.axtenaviation.co.uk Director - AXTEN AVIATION AVIATION EXPERT OF THE YEAR CHRIS TURNER 24
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Fraud Money Laundering POCA Loss of Profit or Earnings Professional Negligence Partnership Disputes Shareholder Disputes Business and share valuations Matrimonial disputes Expert Determination Forensic Accountancy Experts of the Year DRC Forensics Limited is a firm of Chartered Accountants specialising in Forensic Accounting and Expert Witnesses work. We are used to acting as a party expert, single joint expert, shadow expert, expert determiner and have acted in these capacities many times. www.drcforensics.co.uk United Kingdom
Chris Gahagan Associate Director David Cook Director Chris Gahagan LLB FCA is a Fellow of the Institute of Chartered Accountants in England & Wales (ICAEW) and an Associate Member of the Academy of Experts, having had extensive experience in both commerce and professional practice. He has considerable experience in dealing with both civil and criminal matters. He has worked on numerous business valuations in both commercial and family situations and on several Expert Determinations. Chris has also dealt with many POCA matters and fraud cases at trial stage. He has worked on criminal matters for both the prosecution and defence. David Cook JP FCA MAE is a Fellow of the Institute of Chartered Accountants in England & Wales (ICAEW), accredited by them as a Forensic Accountant and a Member of the Academy of Experts, accredited by them as an Expert Witness. He has extensive experience acting as single joint expert and as expert for both claimants and defendants, giving him valuable insight into the opposing side’s case. As well as civil litigation, David frequently advises in criminal matters, both for the defence and prosecution. He has given expert evidence in Crown Court, as well as the Civil Courts on numerous occasions. 27
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United Kingdom Psychiatry Expert of the Year About Devika Dr Colwill is a general adult Consultant Psychiatrist with more than 18 years’ clinical experience in mental health. She was a member of the Royal College of Psychiatrists since 2009, with an endorsement in liaison psychiatry (psychological medicine). As a mark of distinction and in recognition of her contributions to psychiatry, Dr. Colwill was awarded fellowship of the Royal College of Psychiatrists in 2022. She is approved by the Secretary of State under Section 12 (2) of the Mental Health Act (1983) as having specialist experience in the diagnosis and treatment of mental disorders. Dr Colwill has served as a lead consultant for high-dependency psychiatric rehabilitation services for four and a half years. This involved responsible clinician role and stepdown care for detained patients from general adult services and forensic services under Forensic sections of the Mental Health Act, such as section 37 and 41 (Restriction Order), as well as civil sections. She was also responsible for the care of patients with Autism and comorbid conditions, which accounted for about a quarter of the patients in the rehab service. She also provided a liaison service with the complex case review panel and risk panel at Sussex Partnership NHS Foundation Trust. This involved the regular preparation of reports concerning capacity to consent to treatment, capacity in relation to finances and property and criteria for detention, as well as complex case reviews and second opinion reports often spanning decades of information with multiple diagnoses and risks. Consultant Psychiatrist High Dependency Rehabilitation Service Sussex Dr Devika Colwill www.sussexpartnership.nhs.uk 29
“It was a privilege to see such an expert in practice. “Professor Rix is one of the finest experts we have ever used.” 30
United Kingdom www.profkeithrix.co.uk how it was the case of Esther Dyson, whose indictment for ‘the wilful murder of her bastard child’ in 1831, that established the procedure for determining fitness to plead and stand trial which was subsequently followed in the Pritchard case resulting in rules which should perhaps be known not as ‘the Pritchard Rules’ but as ‘the Dyson Rules’. For my own professional development as an expert I have obtained EWI Certified Expert and Academy of Experts Accredited Expert status. I found both processes rewarding and refreshing. This year’s interesting cases have included several Road Traffic Act cases where the issue has been blood or needle phobia, an Employment Tribunal remedies hearing case for which I had to assist as to a psychiatrist’s earnings from expert witness practice and a number of the Post Office ‘Horizon’ cases. BMedBiol, MB, ChB, MPhil, LLM, MD, CBiol, MRSB, FAE, FEWI Cert, FRCPsych, Hon FFFLM FORENSIC PSYCHIATRY EXPERT OF THE YEAR About Keith For 40 years I have provided expert evidence in personal injury litigation, including clinical negligence cases, the criminal jurisdiction, coroners’ courts, capacity, professional regulatory and employment cases and in capital cases in the Caribbean and Africa. I am Visiting Professor of Medical Jurisprudence, University of Chester, and Honorary Consultant Forensic Psychiatrist, Norfolk and Suffolk NHS Foundation Trust. My main interests are the education, training and support of expert witnesses. I am a member of the Membership Committee of the Expert Witness Institute (EWI) and a member of the Family Justice Council’s Experts in the Family Justice System Committee. I am Expert Witness Lead for the Faculty of Forensic and Legal Medicine (FFLM) and the Royal College of Physicians. I have again been involved in organising The Grange Annual Conference for psychiatrists engaged in medicolegal work. This year’s judicial lectures will be given by The Hon Mr Maurice Collins, The Supreme Court, Ireland, and Mr Justice David Williams, High Court of England and Wales. This year has seen the Royal College of Psychiatrists (RCPsych) make my feedback tool, ‘Multisource Assessment of Expert Practice’ (MAEP), available to all expert witnesses and not just psychiatrists (https://www.rcpsych.ac.uk/improving-care/ccqi/ multi-source-feedback/maep). The MAEP team has also taken over distribution of my monthly ‘Expert Witness Matters’ newsletter for psychiatrists and psychologists. I send out a similar newsletter through the FFLM to forensic physicians and other medical experts. Also for the RCPsych, with the late Nigel Eastman, Gwen Adshead, Nicholas Hallett and James Briscoe, I have updated its Report Responsibilities of psychiatrists who provide expert evidence to courts and tribunals. My main academic activity has continued to be as an editor in chief, with Dr Michael Powers KC, of Cambridge University Press’s Expert Healthcare Evidence series. The second edition of my Expert Psychiatric Evidence is the lead volume, Expert Musculoskeletal and Orthopaedic Evidence is in press and I am working with Mr Justice David Williams and Mr Justice Nigel Poole, as co editors, on plans for Expert Healthcare Evidence in the Family Court and Court of Protection. With my colleague Nick Hallett, in a chapter ‘Fitness to plead and stand trial – from the Ecclesfield Cotton Mill dam to Capitol Hill’, in Gall & Payne-James (eds) Current Practice in Forensic Medicine, Vol 3, Wiley, I have set out Sector Psychiatry Area of Expertise Keith specialises in the Psychiatric assessment of adults 31
United Kingdom 32 vincent@safety4hed.co.uk www.safety4hed.co.uk 07940 564 889 Consultant / Partner - Safety 4 HEd LLP FIIRSM, FRSPH, CMIOSH, MISTR, EurOSHM, BSc, MSc, Pg Dip, Cert Ed (LLS) Vincent Theobald -Vega
33 About Vincent With over 30 years experience in many safety sectors, including working as an HSE Inspector (1989 to 1999) and Head of Safety for Newcastle University (2002-2012). Currently a freelance consultant and expert witness as part of Safety 4 HEd LLP. Vincent has undertaken hundreds of substantial investigations, in both criminal (prosecution and defence) and civil work. Cases include the first HSE prosecution to lead directly to imprisonment for a health and safety matter, and the successful defence in an HSE prosecution at Newcastle Crown Court. Undertaking Civil and Criminal work (including legal aid cases). Most case reports are provided in only three weeks, once the case file has been provided. Where this is not able to be achieved, a realistic estimate of the time needed is provided. Cases cover many industries and include a range of working environments, from slips, falls, machinery incidents, exposure to substances, electrical incidents, and much more. Free initial outline consultations provided. Awards In addition to the Lawyer Monthly Expert Witness awards since 2017, awards include: • Enterprise, Innovation and Excellence awards • Federation of Forensic and Expert Witness Awards • Corporate Live Wire • Lawyer International and Corporate International For a full list see the website at safety4hed.co.uk/awards/ Key listings include: • Listed in the Occupational Safety and Health Consultants Register • Listed in the UK Register of Expert Witnesses Expertise Occupational / Industrial Health and Safety Including: • work with asbestos; • construction safety; • education and research; • launch new products; • accidents investigation; HEALTH AND SAFETY EXPERT OF THE YEAR
Aidan Marsh CSA Environmental United Kingdom 36 Andrew Titchener Oxford University Hospitals NHS Trust United Kingdom 38 Belinda Stuart-Moonlight Moonlight Environmental Ltd United Kingdom 40 Bindweep Kaur MEWA LLP United Kingdom 42 Dr Devika Colwill High Dependency Rehabilitation Service Sussex United Kingdom 44 Michael Bull Easton Bevins United Kingdom 46 Rhiannon Stokes Stokes Case Management United Kingdom 48 Robert George United Kingdom 50 Simon Clarke Sandberg United Kingdom 52 Stephen Verber Alexander & Co United Kingdom 54 Stuart M. Diamond 56E Simon Clarke 52 Stephen Verber 54 MEWA LLP 42 Michael Bull 46 Rhiannon Stokes 48 Robert George 50 Andrew Titchener 38 Belinda Stuart-Moonlight 40 Aidan Marsh 36 O PE U
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Environmental Consulting Expert of the Year Director - CSA Environmental 36
United Kingdom About Aidan Aidan has over 25 years’ experience in consultancy and research. When not entertaining his enduring passion for wildlife and crafting sound ecological solutions, Aidan plays a key role in the management of CSA. With an in depth understanding of ecology in the context of enabling development, Aidan is now increasingly focused on guiding and developing Biodiversity Net Gain solutions, helping clients navigate expectations in this dynamic area. In addition, Aidan also continues to apply his extensive experience of Ecological Impact Assessment and protected species mitigation and licensing. Aidan often co-ordinates CSA’s multi-disciplinary inputs and is an established expert witness. Firm Profile At CSA Environmental, we’ve worked hard to be recognised as one of the best practices in our field, providing top quality professional advice based upon a clear understanding of the environment, the planning system and our clients’ needs. Our expert teams have been helping clients to plan with confidence since 1998. Whichever service you require, our specialists will help you navigate the planning system and create positive outcomes for people, places and nature. We provide the highest quality professional advice based upon an expert understanding of planning and the environment. We meet challenges with a proactive, innovative and solutions-based mindset. Our clients include housebuilders, utility companies, conservation organisations, land promoters, landowners and public bodies. We can help you plan your next development with confidence – just get in touch today. We believe that our people are the key to success and we nurture an exciting, inclusive and happy working environment. We deliver projects which consider commercial objectives and benefit people, places and nature. We consider every detail and identify risks before they become a problem. So you can be confident that your scheme has fully considered any environmental effects – meaning you’re more likely to deliver your project on time, and to budget. Whether you’re promoting a strategic housing development, preparing a detailed planning application, designing an infrastructure project or creating a habitat bank proposal, we will consider every detail. With our expertise, you can make key decisions safe in the knowledge that your scheme will be delivered on time and with positive outcomes for people, places and nature. 37
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United Kingdom Orthopaedics Expert of the Year About Andrew Mr Andrew Titchener MA (Cantab) MSc LLM FRCS (Tr&Orth) is a Consultant Trauma and Orthopaedic Surgeon specialising in shoulder and elbow surgery at the Nuffield Orthopaedic Centre, and in trauma surgery at the John Radcliffe Hospital Trauma Centre. Mr Titchener’s elective clinical practice encompasses arthroscopic (keyhole) and arthroplasty (joint replacement) procedures of both the shoulder and elbow. He has a particular interest in complex upper limb trauma and posttraumatic reconstruction. Alongside Mr Little he provides a tertiary elbow reconstruction service accepting referrals from other hospitals around the country. Mr Titchener graduated from the University of Cambridge in 2005, and in addition to a degree in Natural Sciences also holds a Masters degree in Orthopaedic Engineering and a Master of Laws (LLM) degree in Medical Law. He undertook a trauma fellowship in the busiest UK Major Trauma Centre at Queens Medical Centre, Nottingham, and completed six month fellowships in shoulder, elbow and trauma surgery in Cambridge, Oxford and Perth, Australia. Mr Titchener is an active researcher; in addition to being a Principle Investigator (PI) on national clinical trials, he is widely published and is the deputy editor of the Bone and Joint 360 Journal; a British national journal with a global readership of over 9000 surgeons. Orthopaedic Surgeon Oxford University Hospitals NHS Trust Andrew Titchener www.ouh.nhs.uk 39
‘Dr Belinda Stuart-Moonlight was a pleasure to work with and nothing was too much trouble… Her report was very helpful and instrumental to our negotiations. As a result of her report the client achieved an exceptional outcome. I would highly recommend this expert.’ Laura Hannah, Stephensons LLP E: office@me-ltd.biz T: 01303 210004 www.moonlightenvironmental.co.uk 40
United Kingdom ENVIRONMENTAL HEALTH EXPERT OF THE YEAR WHY USE DR BELINDA STUART-MOONLIGHT AS AN EXPERT WITNESS? Belinda Stuart-Moonlight Moonlight Environmental Ltd ABOUT BELINDA Dr Belinda Stuart-Moonlight is one of the foremost food safety and infectious intestinal disease experts in the UK. She possesses excellent academic credentials, including a PhD (King’s College, London) and three fellowships (CIEH, RSPH and IFST). She is a member of the Academy of Experts and works in the civil and criminal arenas, retaining an approximate 50:50 balance between prosecution/claim and defence work. She has given evidence in Magistrates, Crown, Appeal and High Courts, and at inquests. Key areas of work include food safety, hygiene, poisoning, contamination, allergen control, risks from pests, gastric illness (travel litigation), large Norovirus outbreaks, Campylobacter, Clostridium, Cryptosporidium, E coli, Listeria, Salmonella, Shigella, foodborne viruses and protozoa. Belinda is regularly instructed to examine, and present opinion on, the risk of harm in high profile food and environmental cases, such as Environment Agency v Southern Water (2021, £90m fine) and the inquest of Celia Marsh (2022, milk allergy). Notable cases include fatal poisonings, injuries and fatalities associated with allergen contamination of food, and significant infectious disease outbreaks associated with food, workplaces and environmental vectors. ‘Belinda Stuart-Moonlight is an outstanding expert witness. She recently prepared a detailed and comprehensive report in the first ever health and safety norovirus prosecution. The report was so compelling in its research and conclusions that the local authority abandoned its prosecution. I have called Belinda to give evidence and she is thorough, objective and highly persuasive. I recommend her highly.’ John Cooper KC, Crown Office Chambers, London ‘.. attention to detail, logic and structure infuse her reports, which are utterly thorough yet accessible for instructing solicitors, counsel and clients alike… She can effectively dismantle weak prosecution cases that appear prima facae strong. She does however remain objective and clearly very mindful of her duty to the Court in cases in which she appears.’ David Young, formerly Eversheds Sutherland LLP • She continues to conduct consultancy, auditing and training, thus ensuring expert witness work is informed by current practice • Holds CUBS (Cardiff University) qualifications in criminal and civil expert witness work • Worked in the field for over 30 years and as an expert witness for approximately 20 years • Worked on landmark and high-profile cases • Considerable experience as a regulator (EHO enforcer for the Royal Borough of Kensington and Chelsea) • PhD examined pathogen survival in food businesses and consequent risks • She provides expert technical advice to the FSA and FSS, and leading industry bodies including CIEH and ABTA • She quickly establishes excellent working relationships in complex cases involving a multi-disciplinary expert team • Customer care is paramount; she is sensitive to the needs of instructing solicitors and always delivers reports to agreed deadlines 41
United Kingdom EXPERT WITNESS PROVIDER OF THE YEAR 42
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About Michael A highly experienced surveyor and civil engineer, Mike acts as an expert witness for land and boundary disputes. He is regularly appointed by the courts, solicitors, companies and individuals to act, and provide advice on boundaries, access, rights of way and other land related disputes. Mike’s training as a land surveyor, working initially for developers and house builders, included carrying out topographical surveys of the existing sites and setting out and surveying for land registration purposes. He also carried out a wide variety of site surveys for commercial developments, as well as undertaking surveys for other experts involved in land and boundary disputes. This provided the experience for later acting as a surveyor in a large number of land and boundary disputes. Managing director of Easton Bevins, an independent multidisciplinary property consultancy, Mike acts as an expert witness and party wall surveyor within the practice. He is experienced in working with both small domestic owners and large developers with complex sites and conditions. Members of the practice are regularly instructed by solicitors across the country to produce expert witness reports in compliance with the civil procedure rules which are now mandatory in County Court and High Court cases. They have also been involved in a number of highprofile cases, many reported in the national media and some of which have now set legal precedent. Easton Bevins expert witnesses are regulated and approved by: • The Law Society • The Expert Witness Institute • The Society of Expert Witnesses • The Academy of Experts • The Royal Institution of Chartered Surveyors • The Association of Personal Injury Lawyers Easton Bevins is experienced in providing all types of construction, land and building related advice. From Homebuyer Reports and building surveys and valuations, quantity surveying, and architectural services, to contract administration and acting as employer’s agent, the practice provides advice and support throughout the entire property lifecycle. They have worked on projects nationwide and, together with their partner firm CPM Fire Safety, have been instructed on projects from £100k to £40m. The practice also operates a well-established block management department. m.bull@eastonbevins.co.uk linkedin.com/in/michael-bull-54541914 www.eastonbevins.co.uk 0117 942 7876 Michael Bull Managing Director Easton Bevins Boundary Disputes Expert of the Year 47 United Kingdom
48 www.stokescasemanagement.co.uk
United Kingdom Care and Occupational Therapy About Rhiannon Rhiannon combined her entrepreneurial skills with her passion and vision for a fresh-thinking and dynamic approach to case management when she created Stokes Case Management in 2015. She is a qualified occupational therapist (OT) with over 22 years’ experience within the health and social care sector and has practised as a case manager for over a decade. It’s her ambition to continue to change the shape of the case management sector, to ensure a qualitative, creative and highly personalised approach as standard, and deliver the unexpected for clients. Through Stokes, Rhiannon wants to show that careful collaboration across the healthcare, legal and affiliated industries can help provide an effective, high quality and positive journey for all clients – no matter what challenges and complexities they present. Rhiannon has also worked as an Expert Witness since her move into the independent sector over 10 years ago and brings to the company a wealth of experience of dealing with legal professionals and the litigation system. She also holds a Certificate in Expert Witness qualifications from the Cardiff Law School and Bond Solon. Firm Profile Stokes Case Management was established in 2015 by our Clinical Director, Rhiannon Stokes in response to the growing need for a new wave of Case Management and rehabilitation services for individuals and professionals in Wales and the UK. We are now a multi-award winning case management company, having been named as leaders in our field by legal professionals and our peers at national claimant legal awards. We are delighted to offer case managers and support workers in every part of the UK, having recently appointed case managers in both Scotland and Ireland (as well as attracting clients in these areas). Managing Director Stokes Case Management Rhiannon Stokes 49
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Cardiothoracic Surgery & Minimal Invasive Thoracic Surgery Expert of the Year About Andrew Andrew has more than 30 years of experience providing business valuation, litigation support and expert witness services. He is qualified as an expert and has testified before the Ontario Superior Court of Justice and the Alberta Court of Queen’s Bench and various arbitration tribunals in business valuation, damage quantification and related matters. Andrew is the co-author of The Financial Principles of Family Law (Carswell Legal Publications, 2001), an associate editor of Reports on Family Law (Carswell Legal Publications) and a contributor to Evidence in Family Law (Canada Law Book, 2010). He is also a frequent author and speaker on valuation and income tax matters for professional journals and organizations, including the Canadian and American Bar Associations, the Law Society of Ontario, the Ontario Bar Admission Course, the Canadian Tax Foundation, the National Judicial Institute, the Institute of Chartered Business Valuators and other professional organizations. Andrew is a Chartered Professional Accountant, Chartered Business Valuator (achieved highest mark in Canada), Senior Member of the American Society of Appraisers, member of the ADR Institute of Ontario, Inc., holds a specialist designation in Investigative and Forensic Accounting and is Certified in Financial Forensics. Prior to co-founding Verity, he was a Managing Director in the Toronto office of a large multi-national valuation and professional services firm within the Disputes, Investigations & Valuations practice. www.veritygroup.ca Founding Partner - Verity Valuation Group Robert S. George 51
United Kingdom About Simon Based in the Consultancy Department, responsible for providing technical consultancy services, much of which involves some form of litigation in both the Civil and Criminal Courts. Failure investigations covered may involve plant or machinery, both on and offshore, or they may be process related such as operation of equipment or processes that have resulted in some type of failure or accident. Investigations cover a wide range of specialist materials expertise including processing of ferrous and non-ferrous metals, service failures of ferrous and non-ferrous metals, metallic and paint coating problems, corrosion, welding problems, non-destructive testing, etc. Civil litigation work has involved investigations into several crane failures (including mobile and tower cranes), engine failures (from a Rover V8 petrol engine to marine diesel on an oil tanker), winch drum and gearbox failures on fishing vessels, failure of wire strand ground anchors at Victoria Deep Water Wharf, repairs to a failed dolphin at Port Kamsa, Guinea, corrosion of a zinc coated profiled steel roof, as well as many other similar jobs. Similar equipment and component failures, not involved with litigation, have included fatal accidents involving various racing cars, window failures, and industrial equipment failures such as a grab for an internal gantry crane at a rubbish processing plant and brake shaft failure on a gantry crane. Criminal litigation cases have included reactivation of sub-machine guns, corrosion assessment of knife used in a murder, corrosion assessment of shotgun from a murder investigation, the examination of counterfeit coins and dies that they had been struck with, car keys from insurance claims, etc. Materials Testing Expert of the Year Partner - Sandberg Simon Clarke
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