EWJ 60 April 2025 web - Journal - Page 24
Applications to resile from an admission of liability
in cases of increased value
Doing so will usually be far easier than showing bad
faith on the part of the defendant, and while the judge
in West deprecated the idea of ‘tactical’ or ‘economic’
changes of heart, there is at least one species of these
applications where the importance of taking a commercial approach to early admissions has been clearly
recognised. In a run of decisions involving cases which
started in the Portal but ultimately turned out to be
worth significantly more than the £25,000 upper limit,
the courts have repeatedly allowed defendants to
reconsider even full admissions of liability.
MR RYAN MCCALLUM
CONSULTANT PODIATRIC SURGEON
BSc (Hons), PgDip, PgCert, FRCPodS.
Mr Ryan McCallum is a Consultant Podiatric Surgeon with 20 years’ experience
working within the NHS. He is the Podiatric Surgery Lead at one of the UK’s most
progressive podiatric surgery departments and is a registered surgical tutor for the
Faculty of Podiatric Surgery.
Having graduated from the University of Ulster in BSc Podiatry, Mr McCallum
developed his podiatric skills in general practice working in biomechanics, nail
surgery and diabetic foot clinics prior to moving into podiatric surgery. He
completed his Podiatric Surgery training at the UK’s leading podiatric surgery
centre in 2014 and was soon after, appointed Consultant Podiatric Surgeon.
The classic example is the decision of the Court of
Appeal in Wood v Days Healthcare [2017] EWCA Civ
2097. This was a case that actually pre-dated the Portal, but where the claimant’s solicitors had said within
six months of the accident that they thought it would
be a fast-track case. One defendant’s insurer ‘formally
conceded’ liability a few months later. But by the time
the claim was issued the claimant’s symptoms had developed and the Particulars of Claim indicated
damages ‘in excess of £300,000.
His clinical workload consists entirely of conservative and
surgical management of foot and ankle pathology and he has
performed in excess of 4,000 surgical procedures. He is an
integral member of the diabetic foot limb salvage team.
Mr McCallum takes an active role in the teaching and
training of junior colleagues. He has lectured extensively
throughout the UK and Ireland at national conferences and
local meetings as well as postgraduate and undergraduate
university programmes. He holds honorary academic
positions at Ulster University and Huddersfield University.
He is also surgical examiner for Huddersfield University
and the Faculty of Podiatric Surgery.
Allowing the defendant to withdraw the admission it
had made years earlier, Davis LJ (with whom Sharp
and David Richards LJJ agreed) recognised the importance of the procedural context in which the admission had been made. “Changes in litigation
procedures and in the applicable costs regime provided… every incentive on grounds of proportionality for parties – and particularly, perhaps, defendants
and their insurers – speedily to settle such claims.”
Mobile: 07702 333139
Email: rmc@footsurgerylondon.com
Address: 9 Harley Street, London, W1G 9QY
Area of work: Greater London and surrounding areas
Mrs Nadia Soliman
Dr Marzio Ascione
Consultant Obstetrician and Gynaecologist
Neuropsychologist
Consultant Clinical Psychologist
MB BCh, FRCOG, MSc
I have been a Consultant Obstetrician and Gynaecologist for over 18 years with a broad
CPsychol, PsychD
NHS and general private practice. I have run busy inpatient/outpatient services and
managed complex cases in adherence to clinical evidence and guidelines. I have
Dr Marzio Ascione has over 20 years of experience assessing and treating a wide
range of psychological and neuropsychological conditions.
extensive experience in Gynaecological surgery with particular skills relating to surgical
techniques and management of complications. I have been the recipient of Clinical
Excellence Awards four times in the NHS in recognition for service development and
Area of work: UK Nationwide and worldwide
excellent patient care. I am now in full time private practice and run both a clinical and
legal practice. I see Clients for medicolegal consultations in Poole and Dorchester.
Areas of expertise include:
• Traumatic Brain Injury
• Mental Capacity Assessments (MCA)
• Cognitive and intellectual functioning, including memory, attention,
and executive functioning
• Malingering assessments
• Fitness to plead
• Fitness to stand trial
• Disposal and pre-sentencing reports
• Anxiety disorders
• Depression
• Obsessive-Compulsive Disorder (OCD)
• Post-Traumatic Stress Disorder (PTSD)
I have been a Medicolegal Expert since 2019. I am trained in report writing and giving
evidence in Court. I prepare medicolegal reports for Personal Injury, Clinical Negligence
and Causation. I am able to prepare and submit reports within eight weeks of receiving
complete instructions and the complete set of records. I am aware of the Jackson
Reforms and hence the need to control costs and adhere to court timetables.
I am frequently instructed on cases to deal with RTA in pregnancy, early pregnancy
complications (including miscarriage and ectopic pregnancies). My other areas of interest are Complications of pregnancy and childbirth, Gynaecological emergencies and
Gynaecological surgery and management of infertility.
Having personally dealt with very challenging obstetric cases, complex early pregnancy
complications and performed thousands of surgical procedures, I have developed a
wealth of experience that I believe has grounded me with a balanced sense of fair judgement and clinical acumen. My responsibilities as Head of Department have provided
robust experience in adjudication of disputes, medical errors and patient complaints. I
have had to conduct detailed investigations and root cause analyses of medical cases
arbitration and communication.
Dr Ascione also has more than a decade of experience as an Expert Witness,
working with solicitors to provide expert assessments, evidence-based reports,
and court testimony.
In April 2020 I successfully completed the recognised Training and Assessment and
Contact
performed by my colleagues. These have developed my skills in reading and critically
appraising big volumes of medical records in addition to honing my skills of mediation,
have been awarded Cardiff University Law School Bond Solon Expert Witness
Tel: 01223 323 575
Certificate. I have joined the National Register of University Certified Expert Witnesses.
Email: info@cbtneuropsychologycentre.co.uk
Contact: Sally Anne House (Secretary)
Website: www.cbtneuropsychologycentre.co.uk
Address: CBT & Neuropsychology Centre,
1 Anderson Court, Newnham Road, Cambridge, Cambridgeshire, CB39EZ
Tel: 01305 756635
Email: Sallyanne.house@circlehealthgroup.co.uk
Alternate Email: nadia.soliman@circlehealthpartners.co.uk
Winterbourne Circle Health Group, Dorchester, DT1 2DR
EXPERT WITNESS JOURNAL
22
APRIL 2025
