Mark Tottenham’s Expert Evidence Updates

Stay informed with the latest case law, articles and legal developments concerning expert evidence across the common law world, curated by Mark Tottenham.

Latest Post

“Excellent and thorough resource for expert witness work. Insightful and cleverly written by Mark Tottenham. Highly recommend.” – Justin Masterson, Civil engineer and arbitrator, with international project management experience, on large-scale infrastructure projects, April 2023 – link “This book is a must read.” – Christophe Champod PhD, Professor of Forensic Science,

In the 2016 English case of Coyne v Morgan & Anor (t/a Hillfield Home Improvement) [2016] EWHC B10 (24 May 2016), the defendant sought to adduce evidence from an expert

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

In a recent decision by the High Court of England and Wales, it was concluded that an expert witness had a fiduciary duty to the client, independent of the duty

In this Hong Kong decision from 2017, the liquidator in winding up proceedings was given leave to seek expert determination. A list of questions provided was deemed too vague, and

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.

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

“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

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

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

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

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

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