Expert Witness Journal Issue 67 June/July 2026 - Flipbook - Page 90
been unemployed for a single day since he was 18, who
is in steady employment with a reputable employer,
whose work in under no threat and in respect of which
there is no evidence of any future likely threat, who
is highly valued by his current employers and who
wishes to stay in his current job until retirement.
considered the dicta of Jackson LJ in Billet v MOD,
as well as the more recent judgment of Johnson
J in Barry v MOD and other cases in which the
applicability of the actuarial approach was discussed,
the Court held:
852. In my view, Mr Lambie is disabled within
the meaning of the Disability Discrimination Act
1995 but, his case is far from the average, even an
“adjusted” average. His case is not one where it is
appropriate to apply the 8th Ogden table. Unlike,
for example, Mr Barry, Mr Lambie has been able
to pursue his chosen career throughout and will, in
all probability, be able to do so until retirement. His
disability has not, thus far, a昀昀ected the career choices
open to him or the earnings he has been able to make.
His hearing loss is serious and progressive with age,
but as things currently stand, he is not su昀昀ering any
loss of earnings, nor will he if, as seems likely, he
remains in his current employment until retirement.
The Court recognised that Mr Lambie would be
at a disadvantage on the open labour market and
there was a residual risk that his future promotion
prospects might be harmed by his hearing loss. A
Smith v Manchester award of one year’s net salary was
accordingly made.
It follows that the Courts are likely to be circumspect
when dealing with claims for future loss of earnings
advanced by those who have had lengthy careers
following military discharge which have hitherto
been una昀昀ected by hearing loss, whether or not that
hearing loss meets the criteria for disability.
853. To award a man in Mr Lambie’s position the
sort of sum proposed by Mr Steinberg would, in my
judgment, be unconscionable. His current net take
home pay is about £60,000. Including bonus but
excluding pension, the sum claimed for loss of future
earning amounts to more than six times his current
annual net salary. And that for a man who has not
Mr. George E Murty
Consultant Ear, Nose & Throat (ENT) Surgeon
InternatIonally renowned mental health care experts
MBChB, MD, FRCS, FACS
The Maudsley Hospital is an internationally renowned centre for mental health
care and provides the largest portfolio of national and specialist mental health
services in the UK. Many of our experts are at the forefront of research and training
in psychiatry and are highly respected in their field.
Mr George Murty is a Consultant Ear, Nose and Throat
Specialist based in the East Midlands. Formally Chairman of the
Leicester Nuffield Medical Advisory Committee and Senior Consultant
at the ENT Department of University Hospitals, Leicester. He now consults
privately only.
As part of this historic organisation, Maudsley Private Care is home to a dedicated
team of Maudsley experts in a covering a range of specialist areas to provide prompt
and responsive medico-legal reports and services for solicitors, barristers, courts and
other agencies.
His private practice based at the Leicester Nuffield Hospital and his
Chambers at the London Road Clinic in central Leicester.
Mr Murty specialises in the treatment of the whole spectrum of ENT conditions including
nose and sinus diseases, voice and swallowing problems, chronic cough, deafness,
imbalance, functional rhinoplasty, snoring, NIHL and children’s ENT.
Our panel of nationally recognised psychiatrists and psychologists provide expert court
reports and expert witnesses in civil, family and criminal cases across the UK. As a
leading national centre for mental health, we are used to complex cases and issues.
His expertise covers;
Following the outcome of claims, we can offer a range of individually tailored
psychological therapies and family therapies. The care is joined up care, with the
option of input from psychiatry and psychology combined.
• Noise Induced Hearing loss
• Tinnitus
• Voice and swallowing disorders
• Balance, smell, taste and deafness post accident/injury
Our experts
Our panel includes expert psychiatrists and psychologists in a wide range of general
and specialist fields of mental health. Some of our areas of special expertise include:
• Brain injury
• Cases involving physical and mental health
• Child and sexual abuse
• Clinical negligence
• Discrimination
• Employment issues and workplace stress
• Family law
• Fitness to plead
• Housing
• Medical negligence
• Mental capacity
• Neuropsychiatry
• Perinatal mental health
• Personal injury
• Psychological trauma
• Functional or ‘medically unexplained’ physical
symptoms
His personal chambers are equipped with advanced balance, audiology and smell testing
facilities.
Mr Murty undertakes expert witness work within his field of ear, nose and throat diseases.
He has extensive experience preparing medicolegal reports for both claimant and
defendant, and on joint instruction. He has authored over 7,000 reports and has appeared
in courts as an expert witness. His experience covers occupational injury, personal injury,
medicolegal negligence and employment tribunal work.
Contact: Mr Murty
Telephone: 0116 238 8140
Email: camurty@gmail.com | Website: www.entexpertmedicolegal.co.uk
Forest House, Station Road, Kirby Muxloe, Leicestershire, LE9 2EN
Contact Name: Maudsley Private Care - Tel: 020 3228 9880
Email: Loise.Schlauder-Gueguen@slam.nhs.uk - Alternate Email: privatecare@slam.nhs.uk
Website: https://www.maudsleyprivatecare.co.uk/medicolegal-services
EXPERT WITNESS JOURNAL
• Whiplash
• Nasal trauma
• Paediatric ENT
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JUNE 2026
