EWJ June 2024 web - Journal - Page 13
detailed critique of an uncontroverted expert report
ran contrary to certain principles set out in the court
rules and could encourage experts to produce unduly
lengthy reports at unnecessary cost.
Dr Mona Ghadiri-Sani
Consultant Neurologist with
specialist interest in headache disorders
Conclusion
Despite the fact it is UK authority, the decision
generally highlights the danger in not controverting
expert evidence. In particular, a party should not assume that they will be able to legitimately criticise the
expert evidence of an opposing party in closing submissions, especially where they have not challenged
that expert’s evidence in cross-examination. Accordingly, practitioners should think carefully before deciding not to challenge the disputed expert evidence
of an opponent. Conversely, for a party whose expert
evidence is uncontroverted, in the event the court
does disregard that evidence, it would seem there is a
sound basis for an appeal unless one of the exceptions
can be said to apply.
MBBS, BSc, MRCP
Dr Mona Ghadiri-Sani is a Consultant Neurologist and the clinical and educational
lead for headache at The Walton Centre.
Dr Ghadiri-Sani qualified from Bart’s and the London Medical School of Medicine
and Dentistry. She undertook her core medical training also in London, before
relocating to The Walton Centre to accomplish higher neurology training.
Her main areas of expertise are headaches, inlcuding migraines, hormonal headaches,
idiopathic intracranial hypertension and facial pain. Since being appointed as service
lead, she has expanded the service to include four headache specialist nurses, a
headache coordinator and admin support. She has since established the biggest
anti-CGRP MAB treatment centre in the UK and continues to expand the service to
accommodate the most up-to-date treatments in management of headache disorders.
She also has an expertise in neuro-Behcet and leads the neuro-Behcet clinic at the
national Behcet centre in Aintree hospital.
Dr Ghadiri-Sani undertakes medico-legal work, she has 18 months experience of
Medico-Legal report writing.
Reports carried out May - Dec 2022: 8
Reports carried out Jan – July 2023: 12
Estimate annual turnaround: 24 reports.
Current Claimant/Defendant ratio: 100/0
No Clinical negligence experience or Court Attendance as yet.
Willing to undertake home visits for Clinical Negligence cases and defendant
instructions
For more information and expert advice on commercial disputes, contact a member of our Commercial
Disputes team - https://www.mhc.ie/practice-areas/commercial-disputes
The content of this article is provided for information
purposes only and does not constitute legal or other advice.
Appointment wait is 2-4 weeks and delivery of report is just 2-4 weeks post
appointment, this is very quick for a consultant report with full med records review.
Dr Ghadiri-Sani has maintained this efficiency since she started 18months ago.
References
[1] TUI UK Ltd v Griffiths [2023] UKSC 48.
[2] [2020] EWHC 2268 (QB)
[3] [2021] EWCA 1442
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JUNE 2024