oct ewj 24 online - Flipbook - Page 4
A Matter of Opinion
by Gemma Quinn, Clyde & Co
The case of Hamed v Ministry of Justice (2024) (Cambridge CC) concerned a claim for
damages pursued on behalf of a prisoner who it was alleged sustained injuries to the left ankle,
shoulder, back and jaw as well as psychological trauma when he fell from a top bunk.
While permission was obtained to serve reports from
experts in all of the relevant disciplines, the only medical support for the claim came in the form of an opinion from an orthopaedic surgeon who examined the
claimant just over three years post-accident.
While it was acknowledged the expert had been
subject to some tough questioning, this was entirely
fair given it exposed great weaknesses in the report.
As a result, the expert was urged to undertake some
further training in medico legal report writing to ensure a full understanding of the obligations of Part 35
and duties to the court.
Despite reviewing GP and hospital records, which cast
doubt on the claimant’s account, the expert concluded
he had indeed sustained the alleged injuries as a result
of the accident.
This case underlines the importance of practitioners
casting a critical eye over the medico legal reports
which are served, or they are planning to serve, which
looks beyond the Part 35 declaration to ensure the expert has identified the evidence upon which their
opinion is based, as well as provided details as to the
range of potential conclusions along with any relevant
literature.
Understandably, the defendant submitted a number
of Part 35 questions and when subjected to cross examination at trial, the expert conceded the only evidence of what happened on the day of the accident
came from the claimant.
In conclusion, the court found the expert had failed
to comply with the requirements of Part 35 of the CPR
despite signing a declaration to that effect.
“It is not sufficient for an expert giving an
opinion upon which a court may rely to simply
state what his/her opinion is without justification
for that opinion.”
In particular:
“It is not sufficient for an expert giving an opinion upon
which a court may rely to simply state what his/her opinion is
without justification for that opinion.”
Gemma Quinn is a Legal Director in the catastrophic
and large loss injury team based in Manchester and
member of the experts subject matter group.
Professor Christopher Raine MBE
Consultant Oto-Rhino-Laryngologist
INTERNATIONALLY RENOWNED MENTAL HEALTH CARE EXPERTS
B.Sc. (Hons), MB BS, FRCS (Otol), Master of Surgery Ch.M.
The Maudsley Hospital is an internationally renowned centre for mental health
care and provides the largest portfolio of national and specialist mental health
services in the UK. Many of our experts are at the forefront of research and training
in psychiatry and are highly respected in their field.
Christopher Raine was appointed consultant Oto-Rhino-Laryngologist at
Bradford Royal Infirmary in 1986.
He has special interest in paediatric and adult otology. He is clinical
As part of this historic organisation, Maudsley Private Care is home to a dedicated
team of Maudsley experts in a covering a range of specialist areas to provide prompt
and responsive medico-legal reports and services for solicitors, barristers, courts and
other agencies.
director for the supra-regional Yorkshire Auditory Implant Service, with
cochlear implantation starting in 1990 and middle ear implantation in
2001. He has an extensive Rhinological/sinus surgery practice and
deals with most none malignant head and neck pathology.
Our panel of nationally recognised psychiatrists and psychologists provide expert court
reports and expert witnesses in civil, family and criminal cases across the UK. As a
leading national centre for mental health, we are used to complex cases and issues.
Professor Raine was an Intercollegiate Examiner for the final part in
Oto-Rhino-Laryngology Head and Neck surgery until 2015 and now is
involved in question writing and standard setting. He is also member of
the European Board of examiners in ORL.
Following the outcome of claims, we can offer a range of individually tailored
psychological therapies and family therapies. The care is joined up care, with the
option of input from psychiatry and psychology combined.
He was awarded the MBE in April 2015 for work for the NHS and the
Ear Trust Charity.
Christopher Raine has vast experience in the preparation of medical
Our experts
Our panel includes expert psychiatrists and psychologists in a wide range of general
and specialist fields of mental health. Some of our areas of special expertise include:
• Brain injury
• Cases involving physical and mental health
• Child and sexual abuse
• Clinical negligence
• Discrimination
• Employment issues and workplace stress
• Family law
• Fitness to plead
• Housing
• Medical negligence
• Mental capacity
• Neuropsychiatry
• Perinatal mental health
• Personal injury
• Psychological trauma
• Functional or ‘medically unexplained’ physical
symptoms
reports. Producing written reports since 1986 and currently completing
over 100 cases per year covering various aspects such as medical
negligence, personal injury and noise induced hearing loss. He receives
instructions on behalf of both claimant and defendants, in the
approximate ratio of 55:40, with about 5% of instructions for joint reports.
He is always happy to discuss cases with counsel and solicitors alike.
He is Certified by Cardiff School of Law and Politics as an Expert
Witness.
Tel: 01274 550 600 (main); 01274 550848 (secretary)
Mobile: 07768 372748
Contact Name: Maudsley Private Care - Tel: 020 3228 9880
Email: jenn.owen@kcl.ac.uk - Alternate Email: privatecare@slam.nhs.uk
Website: www.maudsleyprivatecare.co.uk/home - Area of Work: Nationwide
Email: chraine@btinternet.com - Website: www.profchrisraine.co.uk
Yorkshire Clinic, Bradford Road, Bingley, West Yorkshire, BD16 1HN
EXPERT WITNESS JOURNAL
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