EWJ June 61 2025 web - Flipbook - Page 12
formed a part of the contractual process as between
consultant and patient.
l The Part 8 proceedings made no claim for damages
in personal injury. Accordingly, Qualified One way
Cost Shifting (QOCS) does not apply. Circle is, therefore, as successful party in the claim, entitled to claim
and enforce its costs as against the Claimant.
Summary and next steps
This claim required careful consideration of the
specific contractual terms and the detail of the judgment provides guidelines for private hospital operators to consider when drafting their patient terms and
conditions, and wider suite of documents for patients.
Dr Danny Allen
Given the profile of this case, and the issues raised, we
recommend that private hospital operators re-visit
their patient terms and conditions to ensure they
clearly demarcate the lines of liability as between the
private hospital operator and the patient, as well as
the consultant and the patient.
Consultant Adult & Addictions Psychiatrist
MB BS LLM MRCGP MFFLM FRCPsych MEWI MAE MIoD
Dr Allen works for Allen Associates, which is a group of
psychiatrists and psychologists dedicated to excellence in
report-writing providing reports on adults for all courts, tribunals
and regulatory bodies. We do undertake some legally aided work.
Should you require support in reviewing and
updating your patient terms and conditions in light of
this judgment, please contact Jonathan Bonser, Legal
Director or Louise Kane, Senior Associate. Jonathan
led the successful defence in this case and Louise Kane
is a commercial lawyer who has supported on reviewing patient terms and conditions for private hospitals.
Tel: 0870 162 0671
Email: enquiries@allen-associates.com
Website: www.allen-associates.com
Address: Allen Associates, Suffolk House, 54-55 The Green
Wooburn Green, High Wycombe, HP10 0EU
Area of work: United Kingdom
Mr Dawson is a Consultant Urologist with over 27 years’ experience.
He has formal training in personal injury and medical negligence reporting
and completed the Bond Solon Expert Witness Course in 2006. In 2008
he completed a Diploma in Law at the College of Law in Birmingham.
Mr Dawson has over 20 years of medico legal report writing and expert
witness work and has completed over 1850 reports, He has completed
numerous Fitness to Practise reports for the General Medical Council.
He is the author of the ABC of Urology, now in its 3rd edition, and also co-edited the Evidence
for Urology which won first prize in the urology section of the BMA Medical Book Competition
in 2005.
Mr Dawson is happy to accept instructions for personal injury, clinical negligence and condition
and prognosis reports.
M: 07711 584939
E: expertwitness@chrisdawson.org.uk
EXPERT WITNESS JOURNAL
10
JUNE 2025
