Can a court reject an uncontroverted expert report?
The High Court of England and Wales has considered the question of whether a trial court is entitled to reject a plaintiff’s expert evidence, where no expert evidence has been preferred by the defendant. The claimant had suffered food poisoning while visiting Turkey, and brought an action against the travel company. He relied on the […]
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 […]