Expert Witness Journal Dec 24 - Journal - Page 69
note of caution for future cases. It is very rare in civil
cases in England for parties to adduce expert evidence
on memory. Absent such evidence, it is incumbent on
parties and their legal representatives to ensure that
submissions are based squarely within established
principles and do not transgress into conjecture which
may not, if tested, be supported by the scientific
research.
many cases, the contemporaneous documents are
therefore likely to remain more reliable than individual witness recollections and will continue to be an important element in the fact-finding exercise that the
Court must undertake.
Authors
Philippa Rees, Partner, Knowledge Lawyer
Sofia Berggren, Managing Associate
Vasuki Gnanan, Trainee Solicitor
www.mishcon.com
Overall, the judgment is likely to be welcomed for its
recognition of the way that memory works and its limitations. As we championed in the third of our series of
articles, it is important for judges and legal representatives to have a full appreciation of these limitations
when preparing and assessing witness evidence. This
case clearly highlights that, although contemporaneous documents are considered to be more reliable
than the recollection of individual witnesses, even contemporaneous documents have their limitations and
can still be vulnerable to encoding fallibilities. It is however important to remember that, once recorded, contemporaneous documents will remain impervious to
the storage or retrieval fallibilities that will continue to
affect an individual's recollection, such as the incorporation of post-event information or cross-contamination explored in the second of our series of articles. In
The Dishonesty Uncovered series referenced in the
article can be found at:Dishonesty Uncovered series:
www.mishcon.com/academy/dishonesty-uncovered
First article:
www.mishcon.com/news/dishonesty-uncovered-isour-memory-deceiving-us
Second article:
www.mishcon.com/news/dishonesty-uncovered-isour-memory-deceiving-us-part-2
Third article:
www.mishcon.com/news/dishonesty-uncovered-isour-memory-deceiving-us-part-3
If you require an expert call the Expert Witness
free telephone searchline on 0161 834 0017
Mr Rakesh Bhardwaj
Consultant Colorectal and General Surgeon,
Clinical Lead Colorectal Surgery
Mr Shafic Al-Nammari
Consultant Trauma & Orthopaedic Surgeon
MBChB MD FRCS FRCS(Ed) FRCS(Gen Surg) LLM
MBChB, MSc(Oxon.), FRCS(Tr&Orth)
Mr Rakesh Bhardwaj is an experienced Consultant Colorectal and General
Laparoscopic Surgeon with a current NHS practice. He is Clinical Lead for
Colorectal Surgery.
Mr. Al-Nammari is a Consultant Orthopaedic Surgeon with a specialist interest in
disorders of the Foot & Ankle. He also maintains an active clinical practice. He has
been an NHS Consultant for over ten years and during that time has been a formal
Mr Bhardwaj has expertise in General and Colorectal Disorders. His main
interests are the treatment of Colon and Rectal Cancer and Inflammatory
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Proctology dealing with anorectal conditions, including haemorrhoids,
fistulae and fissures. He also deals with emergency abdominal surgical
conditions.
surgical supervisor to Cambridge Orthopaedic Surgical Trainees and has been a
In addition his General Surgical interests include treatment of Inguinal and
abdominal wall Hernias. He will also treat abdominal adhesions. He also
deals with diseases of the spleen.
chapters, over thirty scientific papers and he has presented his findings at dozens
Medical Student Examiner at Cambridge Medical School. More recently he has
taken on the role of Foot & Ankle Clinical Lead for the Essex & Suffolk Elective
Orthopaedic Centre- one of the largest such Orthopaedic Surgical Centres in the
United Kingdom.
Mr. Al-Nammari maintains an active research interest. He has published book
of international and national Orthopaedic conferences over the years.
He has undertaken formal medicolegal report training and has been preparing
medical reports since 2016. He has completed over one thousand reports during
He has developed an extensive legal Practice and has a masters in
Medical Law. His LLM was undertaken in Medical Negligence. He has also
a keen interest in consent and standards of medical care. He undertakes
screening reports for solicitors.
that time. Instructions are split approximately 85% claimant, 10% defendant and
5% single joint instruction. Increasingly he is working directly with solicitor ’s
nationwide and focusing more on complex, serious and high value Foot & Ankle
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Mr Bhardwaj currently undertakes medicolegal work at Harley Street,
London and Manchester. However, he is happy to report when requested
only to review medical records. He conducts video consultations.
Mr. Al-Nammari welcomes instructions in the areas of:
• Standard or complex Foot & Ankle cases.
• Serious injuries.
Mr Bhardwaj has attained the Cardiff University Bond Solon Civil Expert
Certificate.
Contact: Shafic Al-Nammari
His LLM was in the field of Gross Negligence.
Email: shafic@suffolkfootandankleclinic.com
Tel: 01473 279 100
Website: www.suffolkfootandankleclinic.com
Contact: Lindsay Mannion - Tel: 07388 187231
Email: lindsaymannion@ymail.com
Practice address: 10 Harley Street, London, W1G 9PF
Correspondence address: Ebbsfleet Medical Consulting,
c/o Sian Formworks, Stonebridge Road, Northfleet, Kent, DA11 9BA
EXPERT WITNESS JOURNAL
Area of work: Suffolk, Essex, Norfolk, Cambridgeshire
Mr. Al-Nammari currently hosts clinics in Ipswich and Colchester. Mr. Al-Nammari is happy
to see clients at their Home and undertakes prison visits. He will travel nationwide or abroad.
Appointments are routinely offered within two weeks of instruction and can be accommodated
sooner based on urgency. Expert reports are typically produced within 10 days.
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DECEMBER 2024
