Referring an injured party directly to a medical specialist
In the December 2019 issue of the Bar Review, Orla Kelly of Cantillons Solicitors questions two recent dicta of the Irish High Court, in an article entitled ‘To refer or not to refer: Are solicitor referrals to a medical consultant a step too far for prudent practice?’. In Flannery v. HSE [2018] IEHC 127 and […]
Evidence of maritime expert excluded for lack of CV and failure to engage with primary facts
“The court agreed with the defendant’s argument to exclude the expert’s testimony on the breach of the standard of care because these were legal conclusions. The court further noted that the expert was not qualified to testify because there was no evidence of his employers, length of marine industry employment, level of education and training, or […]
‘Starkly conclusive’ expert evidence
In today’s Irish Times (18 February 2020), there is a letter by Michael Lillis about Robert Daly, a psychiatrist who died recently. Daly had given evidence before the European Court of Human Rights in the ‘hooded men’ case – the claim by a number of suspected members of paramilitary organisations that they had been tortured. […]
Terms of expert determination are referable to the terms of the contract
The Supreme Court of Ireland has considered circumstances in which an independent expert can determine matters of law if a dispute is referred to him or her. In Dunnes Stores v McCann [2020] IESC 1 (22 January 2020), the plaintiffs argued that the independent expert was not entitled to determine matters of law, and sought […]
The ‘gatekeeper’ role of the courts in admitting expert testimony
This article highlights the difficulties involved where one party seeks to exclude expert evidence. The suggestion is that, where a judge acts as ‘gatekeeper’, there may be an imbalance arising from the judge’s lack of technical understanding. In Nova Scotia (Community Services) v J.M, 2018 NSCA 71 (CanLII), the trial judge ruled evidence from a […]
Insufficient evidence of expert’s qualifications
In a recent decision of the High Court of Ireland, the court refused to admit a report by a purported expert, where there was insufficient evidence of his qualifications. “In that report, there is no indication whatsoever that Mr.Fitzpatrick holds any qualification at all in relation to banking or financial matters. Nor isthere any statement […]
Which was bona fide – the chicken or the expert?
Subway’s case against the Canadian Broadcasting Corporation (CBC) has been dismissed, based on expert testimony. CBC had accused Subway of selling ‘chicken’ that was 50% soy. “There is considerable divergence between Subway’s evidence and that of CBC regarding the diligence of CBC’s efforts to be accurate. CBC says that it chose Trent, a reputable university […]
Never mind the obscenity: here’s the expert witness
When Virgin Records released the album Never Mind the Bollocks: Here’s the Sex Pistols, the owner of a record shop in Nottingham was prosecuted for obscenity after displaying a poster, despite warnings to take it down. His defence was conducted by John Mortimer BL and Geoffrey Roberston QC. They called James Kinsley, professor of linguistics, […]
Rules of Court in India amended to provide for ‘hot tubbing’
The procedure known as ‘hot tubbing’ (‘concurrent evidence’ or ‘debate among experts’) has been adopted by the High Court in New Delhi for intellectual property disputes. The procedure is used for the examination of expert witnesses, so that the judge can engage with two or more experts at the same time for the purposes of […]
Use of visual aids by expert witnesses in arbitrations
A very useful discussion. See this excerpt: “As a firsthand example, the use of visual aids and hearing room technology recently proved valuable during a witness conferencing session (colloquially known as “hot-tubbing,” an approach increasingly common in international arbitration whereby both experts are examined together). At one point during proceedings, an issue arose that could […]