Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 28
speci昀椀c regime that applies to insurers in the
clear example of the importance of choosing the
right
experts and
ensuringimportant
that they understand
the
It
is therefore
extremely
for insurance
requirements
of English
and their
duty to
companies
and/or
the procedure
MIB to make
a prompt
the court.to avoid the potentially detrimental e昀昀ects
payment
The High Court ruled that Spanish substantive
law applied to the claimant’s injury claim given
that the
had
occurred
in Spain,
payment
of aaccident
minimum
amount
is justi昀椀ed
or and
not
that the payment of interest under Spanish law
was also a question of substantive law. The judge
determinedthe
thatMIB
the on
relevant
statutory
Unfortunately,
this case
failedprovision
to make
for the calculation of penalty interest in claims
against
insurers
in from
Spainthe
is date
Article
20 of the
within
the three
months
of noti昀椀cation
50/1980 Insurance Contract Act of 8 October
1980 (“Article 20”). Article 20(9) provides for a
speci昀椀c regime that applies to insurers in the
position of a guarantee fund.
4.
Article 昀椀rst published by law 昀椀rm, Weightmans.
Reference
1
[2025] EWHC 2002 (KB)
2
[2025] EWHC 2038 (KB)
clear example of the importance of choosing the
right experts and ensuring that they understand the
The court considered that none of the two exceptions
In addition, Article 20(8) provides that no penalty
interest may be imposed when the delay in the
payment of a minimum amount is justi昀椀ed or not
attributable to the insurer.
Mr Simon Tizzard
Consultant Neurosurgeon
and Spinal
Surgeon
Article
昀椀rst published
by law 昀椀rm,
MA (Cantab.) FRCS (SN)
Unfortunately, the MIB on this case failed to make
any “minimum” interim payments to the Claimant
within the three months from the date of noti昀椀cation
of the claim. This was due to a number of issues (ie.
liability was denied at the time, inability to quantify
the claim at that stage, etc).
I am a Consultant Neurosurgeon with a specialist
interest in Spinal Surgery. I have experience in writing
[2025] EWHC 2002 (KB)
medico-legal reports for both Clinical Negligence and
Causation as well as Personal Injury cases. I have
[2025] EWHC 2038 (KB)
undertaken Expert Witness training with Bond Solon and have been awarded
the Cardiff University Bond Solon Expert Witness Certificate (Civil). I have
been preparing reports since 2011 and am aware of the requirements, roles
and responsibilities of an Expert Witness as well as the expectations on me
of both solicitors and the Court. I am familiar with the Royal College of
The court considered that none of the two exceptions
applied on the current case and imposed that penalty
interest must be awarded to the Claimant.
Surgeons guidelines on The Surgeon as an Expert Witness (2019).
I have medicolegal experience in:
1. Spinal disorders including fracture, infection, tumour, back pain & whiplash
2. Complex spine cases involving the neck, thoracic spine and back
ntive
3. Degenerative spine / cauda equina
It is therefore extremely important for insurance
companies and/or the MIB to make a prompt
payment to avoid the potentially detrimental e昀昀ects
of the imposition of penalty interest.
4. Head injury
5. Medical negligence and causation
I am regularly instructed by Defence and Claimant litigators. These firms
have included DAC Beachcroft, Hempsons, Hill Dickinson Irwin Mitchell,
Boyes Turner, Royds Withy King Goodman, Thompsons, Weightmans and
Ward Hadaway.
Conclusions
the
I have been a Consultant since 2007 and am in full time practice in the
National Health Service. My practice covers all aspects of spinal surgery
Overall, save as for the imposition of penalty interest
issue, which was already an issue almost impossible
to reverse given the long history of unfavourable
decisions in the matter, this case represents,
generally, a positive outcome for the MIB and a
clear example of the importance of choosing the
right experts and ensuring that they understand the
including elective and emergency surgery (cauda equina syndrome,
fractures, tumours, infection and spinal cord injury). I also treat patients with
moderate and severe head injury.
Contact: Claudine (Business Manager)
Tel: 01325 978337
Email: admin@tizzardmedicolegal.co.uk
Area of work: North Yorkshire, North East & Nationwide
not
Article 昀椀rst publishedDr
by law
昀椀rm, Elrington
Giles
General Neurologist - MBBS (Hons), MD, FRCP
make
tion
ions
Dr Giles Elrington is a General Neurologist with special interest in clinical neurology, headache, multiple sclerosis,
[2025] EWHC 2002 (KB) migraine and neuropsychiatry, functional neurological disease & chance findings on imaging.
[2025] EWHC 2038 (KB)
He regularly manages other common neurological diseases including epilepsy, Parkinson's disease, spinal and
peripheral nerve disease.
Dr Elrington's key skills are in clinical diagnosis, and medical management. He qualified in 1980 from Barts, with honours
in Surgery and in Clinical Pharmacology.
Dr Elrington accepts medico-legal instruction in personal injury, medical negligence, family & employment cases.
Dr Elrington will retire from clinical practice in mid May 2026 when he will be 70 years old. No new medicolegal
instruction will be accepted thereafter but he will continue to address ongoing cases until their completion.
Dr Elrington consults at:
The Zen Clinic, 143 London Road, Tollgate, Colchester, Essex, CO3 8NZ
Spire Wellesley, Eastern Ave, Southend-on-Sea, SS2 4XH
10 Harley Street, London, W1G 9PF
Correspondence address: 44 Lexden Road, West Bergholt, Essex, CO6 3BX
Contact: Nicola Burke - Medical Legal PA to Dr G Elrington
Tel: 07752 872 764 - Email: elringtonmedicallegalpa@gmail.com
EXPERT WITNESS JOURNAL
26
OCTOBER/NOVEMBER 2025
