Writer of report in family law proceedings should not have an ongoing therapeutic role
In a recent decision, the High Court of Ireland considered whether a ‘single joint expert’ in family law proceedings could have an ongoing therapeutic role in the case. A father brought a motion in such proceedings, seeking to dispense with the consent of the mother for the children to continue attending a professional for ongoing […]
The Architect as Expert Witness
I have written an article in the current issue of Architecture Ireland (No 310, March / April 2020) entitled ‘The Architect as Expert Witness’. It can be read here.
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 […]
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 […]
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 […]
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 […]
Podcast on expert evidence
Obiter Dicta is a new podcast from Bloomsbury Professional. In the first episode, I am interviewed about A Guide to Expert Witness Evidence, published in September of this year. To listen to the podcast, visit: https://obiterdicta.podbean.com/e/interview-mark-tottenham-and-the-role-of-expert-witness/ You can also subscribe to Obiter Dicta on iTunes, Pocketcast or other podcatcher apps.
Issues raised by ISME concerning expert evidence in fraudulent claim
The Irish Small and Medium Enterprises Association (ISME) has issued a press release following the finding that a number of expert reports had been relied upon in a fraudulent claim. This includes the following statement: “The Twomey judgment explicitly shows the limits of the ‘adversarial expert witness system’ which has been defended by Irish jurists […]