Issue 39 October 2021 - Journal - Page 39
SJE occupational therapist
The SJE occupational therapist gave a written report
setting out costings of the various levels of care which
were available to the wife. From this report Peel J
“A care home setting should only be considered when W is no
longer able to live safely at home. If possible, she should
continue to live in her current location (X town) as it is quiet
and safe, and she has a level of structured routine there which
is beneficial to her overall level of independent functioning.
He considers that a single storey property would be desirable
to avoid a need to move house or carry out adaptations in the
future. His view is that the cottage is inappropriate for W's
Mr Philip Jaycock
MB ChB, BSc, FRCOPhth, CertLRS, MD
Mr Jaycock is a Consultant Ophthalmic Surgeon and Bond Solon
trained Expert Witness. His specialist interests include cataract,
laser eye surgery, refractive lens surgery, cornea, keratoconus,
collagen cross-linking (CXL) and general ophthalmology.
Mr Jaycock has over 21 years experience in ophthalmic surgery.
He completed his fellowship in cornea, external disease and
refractive surgery at Moorfields Eye Hospital in London.
Mr Jaycock is a member of the UK Cross-linking Consortium
(UK-CXL) Steering Committee and a trainer on the Royal
College of Ophthalmologists microsurgical skills course.
This was also pivotal in the assessment of the wife’s
housing needs as set out below.
Peel J awarded the wife a total lump sum of £950,000
on a clean break basis. This involved applying a significant portion of the husband’s non-matrimonial assets to meet her housing need (assessed at £650,000)
and her capitalised income/care costs fund (assessed
at £300,000). The court preferred a clean break to
avoid the emotional and financial cost of an ongoing
financial relationship and acknowledged that having
the flexibility of a fund would be beneficial to the wife
in meeting her needs as they developed.
In the largest study of it’s kind, he was the principle investigator
in a multi-centre study evaluating the outcomes of 55,567
cataract surgery operations eyes using electronic patient
records. This work has updated National and International
benchmark standards for cataract surgery.
Importantly, in relation to the wife’s housing needs
Peel J stated at paragraph 65 of his judgement:
“I do not accept the submission on behalf of H that to provide
W with a housing fund in excess of the value of the FMH
would be to afford her a housing standard beyond that enjoyed during the marriage. In many (perhaps most) cases, it
would be ambitious to seek a fund greater than the value of the
FMH, but on the very specific facts of this case I do not regard
the value of the FMH at £500,000 as a ceiling on W's housing needs”. He went on to add that “W's health requirements
take this case beyond the usual arguments about standard of
living and appropriateness of housing.”
Dr Julian Harriss
Consultant in Rehabilitation Medicine
FRCPS(C), MD, MSc (Eng), BSc (Hons, Distinction)
Dr Julian P Harriss is registered with the GMC as a Consultant in Rehabilitation Medicine.
He is internationally accredited as a consultant in Physical Medicine and Rehabilitation (PM&R), also
known as “Physiatry”, which means that he is “Board Certified”, so has global accreditation in his speciality.
He is recognised as a “Tier 1” expert by the Association of Personal Injuries Lawyers.
This case therefore highlights the impact that tailored
and specific expert evidence can have when the
assessment of and the requirement to meet, very
sensitive and specific needs is so crucial to the overall
Based in London, he has vast experience built on decades of international specialist training and medical
practice. Each patient is considered from all medical, surgical and specialist rehabilitation perspectives.
He delivers a uniquely holistic assessment, offering fresh insights into causality, optimal care, and prognosis.
Dr Harriss has served in a variety of NHS, charitable, and private roles, including Medical Director of
Queen Elizabeth's Foundation for Disabled People and Clinical Lead Consultant in Rehabilitation Medicine
at King's College Hospital and Guy’s and St Thomas Hospital London, & Honorary Senior Lecturer at KCL.
Dr Harriss offers medico-legal assessments and clinical leadership for multi-disciplinary evaluations
and treatments, including focal and systemic spasticity treatment with botulinum toxin. He provides
medico-legal evaluations for public and private health insurers and expert testimony, and ongoing Clinical
Leadership. Assessments are conducted either in his clinic at Harley St or if preferred domiciliary.
Karen Wilsher (Partner)
Dr Harriss also is a Trustee of several medical charities, including the Independent Neurorehabilitation
Providers' Alliance (INPA), UK Acquired Brain Injury Forum (UKABIF) and the British Polio Fellowship,
and he serves on the Executive Board of the British Society of Rehabilitation Medicine.
Claire Devine (Senior Associate)
Charles Russell Speechlys LLP
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