Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 3
Welcome to the
Expert Witness Journal
Hello and welcome to our April issue, the main focus of which is Negligence.
In the UK, negligence is de昀椀ned as the failure to exercise the care that a reasonably prudent person would in
similar circumstances. To establish negligence, the claimant must prove four key elements: Duty of Care, Breach
of Duty, Causation and Loss.
In this issue we cover the main areas of negligence that involve expert witness work including the following
articles: Is contributory negligence really a low hanging fruit? By Professor Piers Page, trauma and orthopaedic
surgeon at Swansea Bay University; Testing the Evidence, Not the Expert by Dr Carolina Stamboulid, Founder and
Scienti昀椀c Evidence Analyst at Epistémé Scienti昀椀c Consulting; Judgement, Evidence and Hindsight: An expert’s
approach to assessing auditor negligence by Divya Devadoss at Crowe; Negligence by Omission: The Role of
Professional Curiosity in Mental Health Care by Alexandra Penfold at Somek & Associates and Tender Delays in
Clinical Negligence Claims: Court of Session Sets a Firm Line by Rachel Robertson & Jenny Dickson at Morton
Fraser MacRoberts.
Maria Morris, Vocational Rehabilitation Specialist and Expert Witness at Circle Case Management discusses how
vocational experts guide courts and tribunals in The Architecture of Employability and Dominique Smith at Deka
Chambers explains the factual basis of a cross-border clinical negligence claim and provides analysis about the
signi昀椀cance of the judgment in Ashamu v Get Slim in Turkey.
To mark the 30th anniversary of Expert Witness as a publisher of experts to the UK legal market we held a conference
with Richard Edwards of Richard Edwards Solicitors. You can read all about it on page 5.
Our next issue will be published in June 2026 and will have a medical personal injury focus, if you would like to
contribute to this or future issues please get in touch.
Nigel Hector
Publisher
nigel@expertwitness.co.uk
Mr Richard Pyper
Consultant Gynaecologist
MB, BChir, FRCS(Ed), MRCOG, FRCOG
Richard Pyper has written over 1250 Expert Reports
on Clinical Negligence in Obstetrics and Gynaecology in
the last 32 years. On Clinical Negligence for claimants and
defendants.
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All rights reserved, material in this publication may not be reproduced without written
consent. Editorial material and opinions expressed in The Expert Witness Journal are
of the authors and do not necessary re昀氀ect the views of Expert Witness or The Expert
Witness Journal. The publisher does not accept responsibility for advertising content.
The information in this magazine does not constitute a legal standpoint.
The publisher, editors, contributors and related parties shall have no responsibility for
any action or omission by any other contributor, consultant, editor or related party.
The information in this magazine does not constitute a legal standpoint. Printed in
Great Britain 2024.
Clinical Negligence in Obstetrics & Gynaecology for 33 years.
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Over 1250 Expert Medical Reports on a wide variety of subjects.
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Special interest in Urogynaecology, pelvic floor surgery, urinary
incontinence and hysteroscopic surgery for menstrual problems.
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14 Fitness to practise reports for the GMC.
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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
Mobile: 07506 173663
Email: pms@pypermedical.co.uk
Website: www.pypermedical.co.uk
Expert Witness International Publishing Limited, Unit 1/06, Ivy Business Centre,
Crown St, Failsworth, Manchester M35 9BG
EXPERT WITNESS JOURNAL
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Hareswith Cottage, West Chiltington Road, Storrington, West Sussex, RH20 4BP
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APRIL 2026