Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 43
demonstrate that they have taken proactive steps to
explore alternative employment options, a court is
likely to determine that there has been a failure to
mitigate and reduce the claimant’s loss of earnings’
award accordingly. For example, if a court 昀椀nds
that a Claimant failed to mitigate their losses by
not returning to work post-injury when the medical
evidence opined that they were 昀椀t to return, the
court would likely calculate the claimant’s loss of
earnings as the di昀昀erence between the claimant’s
pre-accident earnings and the earnings the claimant
would have earned if they had returned to work.
Defendants should therefore request disclosure of
speci昀椀c documentary evidence from the claimant
at the appropriate stage to demonstrate that they
have searched for and applied for roles/training
programmes that 昀椀t their post-accident capabilities
and/or seek regular updates as to whether the
claimant’s employment status and the steps that they
are taking to return to the workplace.
the cost of the original glasses. In this scenario, a
judge would likely say that the Claimant has failed
to mitigate his losses by failing to seek a reasonably
priced pair of replacement glasses.
Mitigation cases will be decided on a case-by-case
basis. The burden of proving that a claimant has
failed to mitigate their losses is on the defendant
and any defendant proposing to run this argument
should put the claimant on notice as early as possible
(via statements of case, open correspondence etc.)
of their intention to challenge recoverability of
damages associated with their failure to mitigate.
For any more information on advancing mitigation
defences in personal injury claims, please contact
the author.
Laura Wilson
Hill Dickinson LLP
Senior Associate
London (City)
Avoiding incurring disproportionate or
unreasonable expenses
Email: laura.wilson@hilldickinson.com
Finally, claimants are under a duty to avoid incurring
disproportionate or unreasonable expenses. For
example, if a claimant breaks his reading glasses in an
accident and then purchases much more expensive,
designer glasses as a replacement, it is unlikely that
a judge would allow recovery of anything more than
John Caddies
Hill Dickinson LLP
Partner
London (City)
Email: john.caddies@hilldickinson.com
Mr Jaykar Panchmatia
MA (Cambridge) MPH (Harvard) MB BChir (Cambridge) FRCS (Trauma & Orthopaedics)
ORTHOPAEDIC SPINE SURGEON
Mr Daniel Lewis
High confidence, high quality, high speed reports
Consultant Orthopaedic Surgeon
Cambridge University | Harvard University | Fulbright Scholar |
MBBCh, MRCS, FRCS Ed (Tr & Orth)
Johns Hopkins Fellow | Robert Jones Gold Medal Winner
I am a Consultant Orthopaedic Surgeon based in South Wales. I have over 15 years’
experience of both elective and general trauma orthopaedics. I personally see approximately
2000 patients in the outpatient setting annually, with a wide variety of orthopaedic
complaints and injuries.
Mr Panchmatia is a Consultant Orthopaedic Spine Surgeon at Guy’s and St. Thomas’
Hospitals NHS Trust. His Spine Fellowship was at Johns Hopkins Hospital, USA.
Mr Panchmatia graduated from Cambridge and Harvard Universities. He has presented
internationally, and is published widely in orthopaedic and neurosurgical journals.
Experienced Expert Witness
My areas of expertise include general musculoskeletal injuries, as well as upper and lower
limb trauma. My specialist area of interest is lower limb trauma, especially that of the knee.
• Short waiting times; urgent instructions can be accommodated.
• High quality reports, delivered promptly.
• Specialises in serious/ complex high value injuries.
I have been providing expert medico-legal reports for over 10 years. I currently provide
approximately 150 reports a year.
• Cardiff University Bond Solon Expert Witness certification.
• Awarded Best Spinal Surgery Expert Witness.
Reports are 80% claimant, 20% defendant. Appointments are usually available within
2 weeks of instruction. My clinic venues are located in Cardiff and Llwynypia in the
Rhondda. Reports are usually completed within 2 weeks from all records being received.
I am happy to provide remote/ virtual consultations on request.
Instructions Welcome
• Personal injury and clinical negligence claims.
• Accept instructions on behalf of: Claimant, Defendant and Joint.
• Civil and criminal instructions.
• Medical reports; desktop reports; screening reports; case conferences.
I have completed a Medico Legal Expert Witness course (Specialist info).
I maintain regular Medico Legal CPD. I am MedCo accredited, and happy to provide
reports through the portal.
• Registered with APIL, AvMA, National Crime Agency (NCA), and the UK Register of
Expert Witnesses.
Clinical Expertise in all Spinal Conditions
• Spinal fractures
• Cauda equina syndrome
• Spinal cord injury including paralysis
• Failed back surgery
• Foot drop
• Whiplash
• Spinal tumour
• Spinal infections
• Neck pain
• Back pain
• Coccygeal trauma
• Complex spine cases
I have experience of giving evidence as an expert witness in court, following submission of
a personal injury report.
I have full administrative/ secretarial support Monday to Friday, 8am to 4pm.
For further information please contact my medicolegal administrator Natalie Roberts on
08445 617152, or medicolegal@csortho.co.uk.
Area of Work
• Nationwide clinics.
• Home and prison visits.
☎ 020 3861 5495
️
Website: www.cardiffsportsorthopaedics.co.uk
Cardiff Sports Orthopaedics
Spire Hospital Cardiff, Croescadarn Road,
Cardiff, CF23 8XL
Area of work: South Wales and surrounding areas
• International clinics.
• Remote and in-person appointments.
www.smartspine.co.uk
Medicolegal@smartspine.co.uk or jaykar@smartspine.co.uk
EXPERT WITNESS JOURNAL
41
OCTOBER/NOVEMBER 2025
