EWJ June 2024 web - Journal - Page 73
Whilst the Master accepted this may be beneficial, he
rejected that it was relevant for the purposes of
managing interim funds.
Recoverability of costs
The Master did not consider that any approval he
granted of a bare trust would bind the trial Judge’s assessment of the recoverability of the costs associated
with it and there were clear arguments against recoverability. He expressed concern that in due course the
claimant “may end up having to pay for it out of his
damages – damages which he had received for ongoing and future treatment or care”.
Mr Richard Pyper
Consultant Obstetrician & Gynaecologist
MB, BChir, FRCS(Ed), FRCOG
Richard Pyper has been writing Expert Reports on
Clinical Negligence for claimants and defendants
over 29 years.
Outcome
Master Brown concluded that "any benefits associated
with the trust option (which are difficult to discern)
are substantially outweighed by the costs”. He concluded that payment into the Special Account was in
the best interests of the claimant. The Application to
set up a bare trust was accordingly rejected.
Consultant Obstetrician and Gynaecologist at University
Hospitals Sussex NHS Foundation Trust since 1992.
Over 1100 reports on all aspects of the specialty
Comment
This Judgment has provided helpful and welcome
guidance on the use of such personal injury trusts for
an infant claimant who is expected to have capacity as
an adult. The merits of such Applications will need to
be taken on a case by case basis but, it appears there
will be limited circumstances where such a trust can
be justified for a future capacitous claimant in light of
the points highlighted in this Judgment.
Instructed as a single joint expert in the Liverpool Urogynaecology litigation and wrote over 90 reports.
Over 1100 reports on all aspects of the specialty
Now concentrating on Gynaecology and Urogynaecology,
including pelvic noor surgery and urinary incontinence.
Hysteroscopic surgery for menstrual problems.
Currently, many reports concerning vaginal mesh and
mid-urethral tapes (TVT and TOT) are being prepared.
Contact Details:
Medico-legal secretary: Alayne Fawkes
Tel: 01903 741154
Email: pms@pypermedical.co.uk
Hareswith Cottage, West Chiltington Road, Storrington, West Sussex RH20 4BP
Author
Samantha Williams
Legal Director (Employed Barrister), Cambridge
www.kennedyslaw.com
Mr Hussain Kazi
Consultant Trauma and Orthopaedic Surgeon
MBChB (Hons) BSc (Hons) FRCS (Tr & Orth)
MR GEORGE MANJALY
Mr Hussain Kazi is a Consultant Trauma & Orthopaedic Surgeon at
Mid Cheshire Hospitals NHS FT. Mr Kazis’ scope of practice includes
the generality of trauma, hip fracture surgery along with an elective
Consultant Ear Nose & Throat, Head and Neck Surgeon
interest in primary hip and knee arthroplasty and revision hip
Are You Looking for an ENT Medical Legal Expert?
arthroplasty.
Mr George Manjaly:
Mr Kazi completed his FRCS (Tr&Orth) in February 2011 and
specialist training in April 2013. His first fellowship was at
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Is a Consultant ENT Surgeon with over 35 years of clinical experience.
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Has undertaken medico-legal work since 1997.
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Recognises his duty is to the Court and ensures that his reporting is
as the hip fellow in the Exeter Hip Unit. He is currently a
impartial, professional and accurate.
consultant orthopaedic surgeon responsible for both acute
Sunnybrook Health Sciences Centre, Toronto, Canada.
He returned to the UK in June 2013 and completed 18 months
end elective admissions.
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Keeps up to date with relevant research.
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Has extensive experience of supporting his initial report including
Mr Kazi commenced personal injury work in April 2015 and
appearances in Court.
negligence work in 2017. He completes 200 personal injury and
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around 30 negligence reports per year.
Has prepared hundreds of noise-induced hearing loss reports including
cases of military deafness.
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Mr Kazi has undertaken Expert Witness training with Cardiff
Has expertise which extends to reporting on the full range of Ear Nose
University Medico Legal Foundation Certificate January 2014 to
and Throat injuries including:
January 2015. With distance learning and practical course covering
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hearing loss
Civil Law and Procedure, civil procedure rules 2014 and Excellence
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tinnitus
in report writing.
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dizziness
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anosmia
Mr Kazi is involved in clinical research, is a Journal Reviewer
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nasal fractures
and is also widely published.
Contact: David Sprouse (Practice manager)
Contact
Tel: 01323 748807 Email: david.sprouse@enteastbourne.co.uk
Email: huzzkazi@gmail.com
7B Old Orchard Road, Eastbourne, East Sussex BN21 1DB
Mid Cheshire Hospitals NHS Foundation Trust
Area of work: London, Liverpool, Eastbourne and Remote
Leighton Hospital, Middlewich Road, Crewe, CW1 4QJ
www.enteastbourne.co.uk.
EXPERT WITNESS JOURNAL
71
JUNE 2024