ISSUE 36 INT web FINAL - Flipbook - Page 33
ISSUE 36 INT FINAL.qxp_Layout 1 28/04/2021 11:57 Page 31
It is standard practice for parties to agree that a
witness statement or an expert report serves as direct
testimony and that witnesses need only appear at an
evidentiary hearing if requested for crossexamination. Art. 8(5) IBA Rules clarifies that even in this case
the Arbitral Tribunal may permit that witness to give
evidence at the hearing. This was intended to address
some uncertainty as to whether, when a party waives
its right to crossexamine a witness, the party that presented the witness may nevertheless call that witness
to give testimony.
Mr Kim Hakin
Mr Kim Hakin is a Consultant Ophthalmic Surgeon providing
ophthalmic services (NHS & Private.)
He undertakes medicolegal work at:
25 Harley Street, London, W1G 9QW and
Nuffield Health Taunton Hospital, Taunton TA2 6AN
Assessment of evidence (Article 9)
The new IBA Rules now specifically include a provision giving the arbitral tribunal the authority (in contrast to art. 9(2) IBA Rules, where the court "shall"
exclude evidence in certain circumstances) to exclude
evidence obtained illegally, either at the request of a
party or on its own motion (art. 9(3) IBA Rules).
He can deal with most ophthalmological issues with special
interests in cataract surgery, ocular trauma, eyelid & lacrimal
surgery including cosmetic eyelid surgery, facial laser surgery.
Mr Hakin holds the Expert Witness Certificate from Bond
Solon/Cardiff University, is a member of the Expert Witness
Institute, and formerly advisor to Nuffield Hospitals and the
Healthcare Commission. He regularly undertakes work for
organisations such as the General Medical Council, Medical
Defence Union, Medical Protection Society, NHS Resolution,
as well as many solicitors' firms and legal agencies.
The new IBA Rules do not make any sweeping
changes. They do, however, incorporate a number of
topical and important issues which are relevant for
our new operating environment, such as the reference to cybersecurity and data privacy issues and the
new provision on remote hearings. In particular, the
new IBA Rules confirm the prevailing practice of arbitral tribunals since the global COVID-19 pandemic
and are thus a welcome development.
Tel: 01823 250614 Mob 07887 651551
Email: firstname.lastname@example.org, or email@example.com
All correspondence to
Nuffield Health Taunton Hospital, Staplegrove Elm
Taunton, TA2 6AN, or by email.
Dr. Jonatan Baier, MME Legal | Tax | Compliance
Corina Moschen MME Legal | Tax | Compliance
E: firstname.lastname@example.org - W: www.mme.ch
Dr Ian Starke
Consultant Physician in
Stroke Medicine and Geriatric Medicine
MR SAMEER SINGH
MSc, MD, FRCP.
CONSULTANT ORTHOPAEDIC SURGEON
Dr Starke has been a practising Consultant Physician in Stroke
Medicine, Geriatric Medicine and General Medicine at University
Hospital, Lewisham and Guy’s, King’s and St Thomas’ School
of Medicine since 1988.
MBBS, BSc, FRCS (Trauma and Orthopaedics)
All aspects of Trauma (soft tissue and bone injuries), Upper Limb Disorders,
Whiplash Injuries. Medical Reporting - Personal injury, Medical Negligence,
Work related disorders and Repetitive Strain Expert.
Dr Starke provides expert reports for clinical negligence and
medical injury cases in stroke medicine and geriatric medicine
and on fitness to practise.
Mr Singh is a Consultant Orthopaedic Surgeon and deals with all aspects of trauma
Upper and Lower Limb Injuries. He is able to provide an efficient turnaround
for medical reports within 10 days.
Mr Singh is an expert in personal injury and medical negligence and performs over 200
reports per year. Mr Singh is Bond Solon trained and MedCo registered and has
undertaken training for medical negligence and court room experience.
He has provided expert examinations and reports for
immigration and HM prison services. He is able to assess
clients within or outside London.
Mr Singh clinical practice involves all aspects of upper and lower limb trauma.
There is a specialist interest in upper limb disorders.
Mr Singh undertakes regular CPD to ensure his clinical and legal
practice is up to date.
Contact: University Hospital Lewisham
Lewisham High Street, London SE13 6LH
Tel: 0208 333 3379 Fax: 0208 333 3381
Clinic locations in London, Milton Keynes and Bedford:
10 Harley Street, Marylebone, London, W1G 9QY
The Manor Hospital
Church End, Biddenham, Bedford, MK40 4AW
Bridge House, Bedford Hospital NHS Trust, South Wing, Bedford, MK42 9DJ
The Saxon Clinic
Chadwick Drive, Saxon Street, Milton Keynes, Buckinghamshire, MK6 5LR
Tel: 01908 305127 Mobile: 07968 013 803
Website: www.orthopaedicexpertwitness.net & www.shoulderelbowhand.org
Correspondence: 61 Church End, Biddenham, Bedford, MK40 4AS
EXPERT WITNESS JOURNAL