EWJ Dec 2023 - Journal - Page 13
loss of profits made on the other two, unrelated,
properties. The application for amendment in respect
of the other properties was refused.
Dr Behrouz Nabavi
General Adult Psychiatrist & Liaison Psychiatrist
MD, MSc, FRCPsych, Section 12 Approved Doctor
Medical Director, Priory Hospital Barnt Green
Medical Director, Premier TMS Birmingham
Honorary Lecturer at Aston Medical School
Comment
This decision should be welcomed by practitioners/
solicitors as it suggests that courts are sensibly applying the guidance in Manchester Building Society in
considering the question of scope of duty versus loss.
Following over 20 years of working within the NHS, Dr Nabavi has taken on a new
challenge working as a full-time substantive consultant psychiatrist and the medical
director for Priory Group since November 2020.
He has extensive experience in the diagnosis and treatment of patients with mental
disorders such as Depression, Paranoid Schizophrenia, Bipolar Afective Disorder,
Posttraumatic Stress Disorder, Anxiety Disorders, Adult ADHD, Autistic Spectrum
Disorder (Asperger9s Disorder) and Personality Disorders.
This decision also provides a useful reminder of the
importance of pleading all facts necessary to substantiate the losses claimed. Had the second claimant
pleaded that they had in fact told the defendant the
purchase of the two additional properties was dependent on receipt of the £1 million finder’s fee, then the
court’s decision may have been different. The defendant may have faced a finding of having the special
knowledge required to establish a recoverable loss.
He has provided several hundred independent psychiatric reports for the Criminal and
Civil Courts since 2006.
Within criminal cases this includes the diagnosis of mental disorder, otness to plead
and stand trial, disposal, psychiatric (insanity) defence, risk assessment and sentencing
(disposal) recommendations.
He also prepares reports within civil cases, where there is a need to assess mental disorder
occurring after personal injury or trauma, including 8historical sexual abuse9.
Dr Nabavi9s other areas of interests include, Child Protection Proceedings (parental
assessment), Immigration, Extradition and Testamentary Capacity.
To view the original article please see;
https://kennedyslaw.com/en/thought-leadership/case-review/2023/focus-on-real-link-between-loss-of-profits-and-nature-of-duty-of-care-manchester-bs-decision-applied/
Dr Nabavi is able to assess the clients across the UK or in his consulting rooms in
Birmingham. He is also able to ofer virtual assessments.
Dr Nabavi9s aim is to provide prompt and thorough reports to the highest professional
standards. On average, he completes the reports within two-four weeks. However, he
would also consider urgent requests.
Tel: 0300 030 1103 - Email: info@psychiatrist-medicolegal.co.uk
site: www.psychiatrist-medicolegal.co.uk
NRBS Consultant Limited, PO BOX 17254, Birmingham, B16 6US
Kennedys Law LLP?
T +44 20 7667 9241
M 07917494037
F +44 20 7667 9777
www.kennedyslaw.com
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