Difficulties getting practising medical experts to court
This week, the annual conference of The Bar of England and Wales heard of the difficulties faced by legal practitioners when tasked with engaging medical experts who are both currently practising and willing to come to court. An account of the discussion can be found at: https://www.thetimes.co.uk/article/medical-experts-too-busy-with-day-job-to-come-to-court-warns-qc-8x22f7w5m
Expert witness expenses relevant in applications seeking security for costs
The High Court recently acceded to an application seeking security for costs in 3V Benelux BV v Safecharge Card Services Limited [2019] IEHC 675. Both parties had engaged legal cost accountants to estimate the costs of the proceedings, which concerned breach of contract and modification of products to comply with anti-money laundering legislation. Once the […]
Expert guides valuation of destroyed horse
Following an initial finding that Galway County Council acted ultra vires in destroying a horse owned by Mr. McDonagh in April 2018, the High Court considered whether damages were recoverable for this wrongdoing. The Court found no public policy considerations to absolve the Council of their tortious actions, and proceeded to hear expert evidence from […]
Expert evidence clears athlete of fault in anti-doping violation
In a decision issued on 4 October 2019, the Badminton World Federation accepted expert scientific evidence that the presence of banned substance clenbuterol (of concentration 0.04ng/mL) in a urine sample provided by a Thai athlete was due to inadvertent consumption of contaminated meat. The report of the Doping Hearing Panel Decision can be read here: […]
Limit on expert evidence in vehicle injury claims declared unconstitutional in British Columbia
Rule 11-8 Supreme Court Civil Rules was enacted on 11 February 2019 by a decision of government, without seeking approval from the Rules Revision Committee. Rule 11-8 limited parties to three experts in motor vehicle claims, but was intended to apply to all injury claims from 1 February 2020. The Rule was challenged by a […]