EWJ June 61 2025 web - Flipbook - Page 8
Comment
This judgment is a warning to defendants that a mere
put to proof defence may often be insufficient to
mount a defence to a claim. Whilst the burden of
proof ultimately rests with the claimant, this case indicates that the court may look more favourably on a
claimant’s case when a defendant has not identified
plausible non-negligent explanations for a claimant’s
injury.
MR GEORGE MANJALY
Consultant Ear Nose & Throat, Head and Neck Surgeon
Are You Looking for an ENT Medical Legal Expert?
Reference
[1] The defendant did offer alternative explanations
for the breakdown in its first Defence, but these were
removed by a later amendment. The defendant’s experts also attempted to raise alternative explanations
for the breakdown at trial in cross-examination, but
these alternative explanations were rejected as inadmissible by the judge, and in obiter dicta were all
found to be “implausible”
Mr George Manjaly:
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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
impartial, professional and accurate.
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Keeps up to date with relevant research.
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Has extensive experience of supporting his initial report including
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Has prepared hundreds of noise-induced hearing loss reports including
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Has expertise which extends to reporting on the full range of Ear Nose
appearances in Court.
cases of military deafness.
If you require an expert
fast let us do the searching
for you call the Expert
Witness free telephone
searchline on
0161 834 0017
and Throat injuries including:
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hearing loss
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tinnitus
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dizziness
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anosmia
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nasal fractures
Contact: David Sprouse (Practice manager)
Tel: 01323 748807 Email: david.sprouse@enteastbourne.co.uk
7B Old Orchard Road, Eastbourne, East Sussex BN21 1DB
Area of work: London, Liverpool, Eastbourne and Remote
www.enteastbourne.co.uk.
Mr. John Goodden
Consultant Neurosurgeon - MBBS (Lond), MRCS (Eng), FRCS (Neuro.Surg)
Current NHS and Medico-legal expertise: I have been a Consultant Neurosurgeon in Leeds since
2010 with a 50:50 mixed adult & paediatric practice including on-call for both. I am also Clinical Lead for
Children's Neurosciences at the Leeds Children's Hospital and Joint Lead of the adult Low Grade
Glioma service.
I have been writing Expert Medicolegal reports since 2011. I write 30-40 reports per year, with Claimant:
Defendant split of approximately 70:30.
I have been awarded the Bond Solon Cardiff University Expert Witness Certificate (July 2021).
I am on the AvMA and APIL (Tier 1) Registers of Experts.
My report expertise mirrors my NHS practice – details below.
My waiting list is currently approximately 6-months but sometimes urgent reports can be accommodated please enquire. C&P examination assessments are usually performed in my Rooms at the Leeds Nuffield Hospital or at Leeds General
Infirmary, although assessment closer to a client’s home is sometimes possible.
Specialist Interests / Expertise
Paediatric Neurosurgery: Neuro-oncology (tumours), Hydrocephalus & Neuro-endoscopy, Trauma (incl non-accidental injury), VNS therapy
for epilepsy, Spasticity Management (Selective Dorsal Rhizotomy SDR & Intrathecal Baclofen ITB), Chiari & syringomyelia, Spina bifida
& dysraphism, Infections.
Adult Neurosurgery: Neuro-oncology (Low Grade Glioma & awake craniotomy; ependymoma, meningioma, glioma and other tumours),
Complex Hydrocephalus, Neuro-endoscopy, Infections, Trauma, acute management of subarachnoid haemorrhage, Chiari & syringomyelia,
spinal dysraphism.
Neurosurgery Background and Training: I studied Medicine at St George’s Hospital Medical School, affiliated to the University
of London, graduating in January 1997 with MB BS (Lond). Subsequently, my postgraduate training in surgery was completed in
South-West London, with Basic Surgical Training posts including General Surgery, Vascular Surgery, ENT surgery, Orthopaedic
surgery and Neurosurgery. I completed the MRCS (England) in 2000. My Neurosurgery Registrar training was in Sheffield
and Hull, after also working at Hurstwood Park Neurological Centre, Haywards Heath. I completed a Specialist Fellowship
in Paediatric Neurosurgery in AlderHey Children’s Hospital from October 2008 to February 2010.
Contact: John Goodden
Mobile: 07775 778 331 - Email: j.goodden@nhs.net
Address: Griffin Neurosurgery Ltd, 22 Stanley Drive, Leeds, W Yorkshire, LS8 2EZ
EXPERT WITNESS JOURNAL
6
JUNE 2025