EWJ 60 April 2025 web - Journal - Page 58
The Claimant needs to be prepared to explain what
can be seen on social media accounts and identify the
pictures that relate to them and those that do not.
dence, there is a risk that when they are not well supported the Judge will be critical of the way in which
the issues are raised.
l It is important to check witness statements very
carefully, it was the mistake in the carer’s witness statement as to whether she travelled on the same plane as
the Claimant to Jamaica that opened up extensive
cross examination and allegations.
l Whilst surveillance evidence may be appropriate to
prove what a Claimant can in fact do contrary to the
Claimant’s own case, surveillance evidence is unlikely
to be appropriate to prove a negative. Using surveillance evidence to show something is not happening is
obviously unsatisfactory unless it is 24 hour surveillance over a protracted period which will usually be
impractical and uneconomic.
Obviously the witness statements need to be carefully
checked before they are served and need to be compared with earlier witness statements. Often the first
draft of any witness statement is the most reliable and
any later changes need to be carefully considered and
justified.
l Social media interrogation can be a valuable source
of evidence to undermine the Claimant’s case but it
needs to be complete and comprehensive and form
part of the Defendant’s disclosure.
Before a witness gives oral evidence it is vital to go
through the witness statement and if there are errors
in it give the witness the opportunity to correct errors
before the witness is cross-examined.
Author
Lizanne Gumbel KC
Lizanne Gumbel KC (Call: 1974, KC: 1999) is a leading practitioner in clinical negligence and personal injury claims. She has a distinguished reputation for
representing Claimants with highly complex claims
involving catastrophic injuries.
www.1corqmlr.com
l It is necessary to warn Claimants that Defendants
frequently carry out surveillance. Once surveillance
evidence is served details of the gaps in the evidence
need to be identified and evidence served to meet the
implications that the Defendant is attempting to draw
from the surveillance evidence.
For Defendants
1. Whilst it is necessary to raise issues of fundamental
dishonesty where they are well supported by the evi-
This article was originally published on 1 Crown
Office Row’s Quarterly Medical Law Review.
Mr Nikhil Shah
Consultant Trauma
and Orthopaedic Surgeon
Mr Debashis B Ghosh
FRCS(Tr & Orth), FRCS(Glasg), MCh(Orth), MS(Orth), DNB(Orth).
Consultant Breast & Oncoplastic Surgeon
MS, FRCS (Edin), FRCS (Intercollegiate), FEBS (Breast), FEBS (Surgical Oncology)
I provide medico legal reports in personal injury
in various conditions - trips, slips, whiplash injury,
hip surgery, complex pelvic acetabular fractures,
long bone and articular fractures, ankle, lower
limb injuries, hip/knee joint replacements,
periprosthetic fractures, soft tissue injuries and LVI cases.
Mr Debashis Ghosh is a consultant breast surgeon specialising in the
treatment of breast disease and breast cancer, performing cosmetic breast
surgery and breast cancer surgery (oncoplastic & reconstructive surgery).
He is currently Clinical Director for Breast, NCL NHS England.
Mr Ghosh's expertise lies in the following cosmetic and corrective breast
surgery procedures:
• Wide local excisions (lumpectomy)
• Sentinel node biopsies
• Axillary node clearance
• Simple and skin sparing mastectomy
• Risk-reducing breast surgery
• Therapeutic mammoplasty
• Oncoplastic procedures and breast remodelling
• Nipple inversion
• Breast augmentation (enlargement)
• Breast symmetrisation
• Breast reduction
• Intraoperative Radiotherapy
I also provide clinical negligence related reports in my specialist
area of practice concerning hip and knee replacements, revision
surgery, and trauma including pelvic-acetabular fractures.
Instructions from claimant/defendant solicitors or single joint
expert approximately (ratio 45:45:10). I provide the regional
tertiary service in pelvic-acetabular fractures.
Contact:
Secretary Amy Brookes 0161 393 3059
Consultantcare Ltd, Riverside Buildings, Mill Lane, Cheadle, SK8 2PX
Consultations at:
76 Gartside Street, Manchester M3 3EL
47 Rodney Street, Liverpool, L1 9EW
John Charnley Wing, Wrightington Hospital, Hall Lane, Appley Bridge,
Near Wigan, WN6 9EP
Ad hoc clinics in London
Mr Ghosh works out of the following hospitals:
• Royal Free NHS Hospital London & UCL Medical School
• The Harley Street Clinic London
• The London Clinic
Contact:
Tel: 020 7205 2281- Fax: 01295 983 031
Email: ml@dbghosh.com
Website: www.dbghosh.com
EXPERT WITNESS JOURNAL
Email:
nikhil.shah@consultantcare.com
www.privatehealthcare.co.uk/privatespecialists/
find-a-doctor/knee-surgeons/nikhil-shah
Website:
56
APRIL 2025
