by Mark Tottenham BL | Mar 24, 2020 | Admissibility of expert evidence
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...
by Mark Tottenham BL | Mar 3, 2020 | Admissibility of expert evidence
“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...
by Mark Tottenham BL | Feb 18, 2020 | Examples of 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...
by Mark Tottenham BL | Jan 31, 2020 | Expert determination of disputes
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...
by Mark Tottenham BL | Jan 8, 2020 | Admissibility of expert evidence
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...
