Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 44
or modify the extent of expenses recoverable by the
defenders, which has a 75% cap of the amount of
damages awarded to the pursuer under RCS 41B.3(2)
(b). The pursuer submitted that if the delay was
unreasonable, it was not so unreasonable as to justify
the maximum award of 75% of the costs incurred
during that period. The defenders submitted that
there was no scope to vary the cap and the court was
constrained by the rule.
of 2025 to make an informed decision, based on the
information and expert reports he had available.
Consequently, the court ruled that the delay was
objectively unreasonable, and the defenders’ motion
for expenses from the date of the tender was granted.
The court declined to reduce or vary the 75%,
noting there is nothing in the language of the rule
to suggest that the court has any power to vary it
to some other percentage, nor any material before
the court which justi昀椀ed a departure from the
consequences laid down in the rules.
Decision
The decision was handed down by Lord Braid, who
reiterated what factors the court will look at when
considering whether a delay is unreasonable. Those
being:
•
The length of the delay
•
The information available to the pursuer when
the tender was lodged
•
Whether further expert evidence was reasonably
required before the tender could be considered
•
The stage of proceedings when the tender was
accepted
Comment
This decision con昀椀rms that pursuers must make
decisions on tenders on the basis of evidence
available and without unnecessary delay. Removing
the ability to argue for leniency on the 75% cap,
pursuers should be mindful that QOCS will not o昀昀er
protection from cost risks if matters are unreasonably
protracted. Defenders should consider early tenders
to achieve quicker resolution of claims, where the
information and evidence available allows.
It was noted that no new medical evidence on
causation had been obtained by the pursuer
during the eight month period which could have
explained the delay. It was also considered that the
pursuer had su昀케cient material in the 昀椀rst quarter
Mr. Mohammad Ayaz Hossain
Consultant specialising in renal transplant, dialysis
access surgery, and multi-organ organ retrieval.
Mr Jim English
Consultant Gynaecologist &
Pelvic Surgeon
BSc MBBS FRCS PhD FEBS RCPath ME
LRCP&SI MB BCh BAO MD MRCOG
I am a full-time NHS Consultant specialising in renal transplant, dialysis access surgery,
and multi-organ organ retrieval. As a CUBS-trained Expert Witness, I bring
comprehensive clinical expertise and proven analytical skills to complex medico-legal
cases involving renal transplantation, organ retrieval, and dialysis access.
Jim English joined Pyper Medical Services in 2022 and is
currently preparing reports on clinical negligence in
Gyneacology for both claimants and defendants.
l
Lead surgeon at Endometriose in Balans, Netherlands.
l
Specialist in general gynaecological laparoscopic surgery and
complex pelvic surgery for endometriosis.
l
Was the first in the United Kingdom to advocate radical surgery
in the management of severe endometriosis and was among the
first in the UK routinely to perform laparoscopic hysterectomies.
l
Served for a total of four years as a council member for the
British Society of Gynaecological Endoscopy and in 2013 organised
a joint meeting in Brighton between the British and Irish societies.
Currently sits on the board of the European Endometriosis League.
Specialist areas of expertise;
Renal transplantation,
•
Dialysis access,
•
Vascular access,
•
Organ retrieval,
•
Live donor kidney transplant.
Alongside my surgical role, I am a qualified Royal College of Pathologists Medical
Examiner, scrutinising cases at my trust as well as working closely with HM Coroners
service in North London. I currently sit on the faculty with the Royal College of Surgeons
(RCS) of England, as well as in the Court of Examiners and am a Quality assessor for the
RCS England.
Since 2021, I have provided precise, thorough expert reports to health boards and legal
professionals, merging in-depth clinical knowledge with meticulous case evaluation. My
commitment is to deliver authoritative, clear, and unbiased reports with rapid turnaround
times, ensuring that your case benefits from the highest standards of professional
accuracy and clarity.
My expert witness services will support your legal proceedings with confidence,
integrity, and specialist insight.
Contact Details:
Medico-legal secretary; Alayne Fawkes
Mobile: 07506 173663
Email: pms@pypermedical.co.uk
Website: www.pypermedical.co.uk
Contact: Amy Murphy | Telephone: 0787 016 0376
Email: ppsecretary@mahsurgical.com | Alternate Email: ayaz@mahsurgical.com
Website: www.mahsurgical.com
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•
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APRIL 2026
