EWJ 60 April 2025 web - Journal - Page 77
of an error in a reasoned determination, preferring
to apply the guidance above. In his view, the expert's
errors went to the heart of his determination and were
manifest. Therefore, the expert's determination was
not final and binding.
Mr Richard Pyper
Concluding remarks
Caution should be exercised by contracting parties in
deciding the appropriate forum for resolution of
disputes under their contracts.
Consultant Gynaecologist
MB, BChir, FRCS(Ed), MRCOG, FRCOG
Richard Pyper has written over 1250 Expert Reports
Expert determination will be suitable for certain types
of disputes, particularly those relating to discrete or
technical issues. However, where issues may be complex, and require the production of documentary and
witness evidence, a more rigorous dispute resolution
process might be appropriate.
on Clinical Negligence in Obstetrics and Gynaecology in
the last 32 years. On Clinical Negligence for claimants and
defendants.
Parties should also carefully consider foregoing the
right to appeal a decision regarding the resolution of
a dispute. Expert determinations often cannot be appealed. Whilst a carve-out for manifest error may result in an expert determination being rendered
non-binding, as illustrated by this case, manifest error
is more limited in scope than the bases on which parties might opt to appeal an arbitral decision or judgment, and therefore is of more limited protection to
contracting parties.
G
Clinical Negligence in Obstetrics & Gynaecology for 33 years.
G
Over 1250 Expert Medical Reports on a wide variety of subjects.
G
Special interest in Urogynaecology, pelvic floor surgery, urinary
incontinence and hysteroscopic surgery for menstrual problems.
G
14 Fitness to practise reports for the GMC.
G
Single Joint Expert in the Liverpool Urogynaecology litigation and
wrote 90 reports. Currently, many reports concerning vaginal
mesh and mid-urethral tapes (TVT and TOT).
Contact Details:
Medico-legal secretary; Alayne Fawkes
Tel: 01903 741 154
Email: pms@pypermedical.co.uk
Authors
Andrew Short, Partner
Elizabeth Mude, Managing Associate
Sam Leeves, Trainee Solicitor
www.mishcon.com
Website: www.pypermedical.co.uk
Hareswith Cottage, West Chiltington Road, Storrington, West Sussex, RH20 4BP
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