EWJ June 2024 web - Journal - Page 58
It also serves as a reminder for claimants and their
legal representatives to ensure that their pleaded case
and expert evidence is aligned. In Bratt, the Court
considered the allegations of negligence which had
been pleaded by the Claimant, but noted that other
errors allegedly made by Mr Jones had been identified
in the Claimant’s expert report or in legal submissions
(but not pleaded). Whilst unlikely to have made a significant difference to the result, it is crucial to ensure
consistency in pleadings.
Mr Martin Brett is a recently retired consultant general and gastro-intestinal
surgeon based in Warrington since 1995 and subspecialised in the Upper
Gastrointestinal Tract.
Until 2018 he worked in the acute sector where his special interests included
surgery for gallstones (including common bile duct stones) benign oesophageal
surgery (including surgery for gastro-oesophageal reflux and cardial achalasia),
hernia surgery and children's surgery.
In addition, in this case the Claimant did not obtain
any evidence on the appropriate margin of evidence.
As a result, the only evidence on this point before the
Court was on behalf of the Defendant, and it was
therefore accepted. Bratt highlights just how important the correct margin of error is in determining liability of a valuer, and provides helpful guidance on the
Court’s approach to this.
Up to 2016 Mr Brett participated in a General Surgical Emergency rota involving
management of General Surgical and Gastrointestinal Emergencies, including
Gastrointestinal Haemorrhage. This included assessment of both children and
adults. He was also part of a tertiary oesophago-gastric cancer resection service.
Mr Brett worked in the independent sector since starting as a Consultant in 1995
and continued up to September 2023. His independent sector practice included:
G
G
Further information
If you have any questions or concerns about the
topics raised in this blog, please contact Jemma
Brimblecombe or Phoebe Alexander, at
www.kingsleynapley.co.uk
G
G
G
G
Surgery for gall stones, both laparoscopic and open.
Surgery for gastro-oesophageal reflux, fundoplication.
Investigation of abdominal pain / dyspepsia including gastroscopy.
Inguinal hernia repair surgery, both laparoscopic and open.
Surgery for ventral / incisional hernias.
Surgery for skin and subcutaneous lumps.
He continues Medicolegal work which includes both Personal Injury and
Negligence / Breach of Duty cases. He has been instructed by parties
for both claimants and defendants.
About the authors
Jemma Brimblecombe has a wide range of experience in dealing with a variety of commercial disputes,
including breach of contract, breach of trust and
contractual disputes. Jemma also has experience of
dealing with civil fraud claims. Specific areas of expertise include dealing with claims against professionals including solicitors, barristers, accountants
and surveyors.
15 Orchard Close, Frodsham,
Cheshire, WA6 6DS
Tel: 01928 730 092
01928 730 092
Email: martincbrett@gmail.com
Phoebe Alexander is an Associate in the Dispute
Resolution team. She assists with a range of general
commercial cases, as well as complex multi-jurisdictions civil fraud and asset recovery matters, and media
reputation litigation. Phoebe is also a member of the
firm’s cross-practice Art & Cultural Law group.
Mr Henry Belcher
Consultant Hand Surgeon
MB, MS, FRCS (Plast)
I
Have an expert opinion or
article you wish to publish,
want to contribute?
have been involved in medico-legal practice for over twenty years. I prepare
over 100 reports each year on personal injury cases in relation to hand surgery.
I have completed the Cardiff University Bond Solon (CUBS) Expert Witness
Certificate.
I retired in 2021 from working as a specialist Hand Surgeon in the South East of
England.
Previously, I worked as a Consultant at the een Victoria Hospital,
East Grinstead where I also served as Director of Plastic Surgery and Governor.
My practice was confined to hand surgery. My clinical interests were degenerative
Please send it to our editor.
CPD points are valid on all
published articles.
problems such as osteoarthritis, nerve compression and Dupuytren's contracture as
well as post-traumatic problems of the hand and wrist. My research interests have
included the assessment of ouome after injury including dynamometry and cold
intolerance.
In the past, I have been a member of the Council of the British Society for
Surgery of the Hand (BSSH). I have served on the Editorial Board of the Journal
of Hand Surgery and been the Convener of the Advanced Hand Surgery Course
at the Royal College of Surgeons.
Please send your paper
or article to
admin@expertwitness.co.uk
Contact: Claire White
Tel: 01342 851088
Mobile: 07850 531744
Email: hand-surgery@harry-belcher.co.uk
Website: www.harry-belcher.co.uk
Address: Chandler House, High Street, Cowden, Kent, TN8 7JG
EXPERT WITNESS JOURNAL
56
JUNE 2024