by Mark Tottenham BL | Nov 6, 2019 | Examples of expert evidence
The evidence of a forensic document examiner was rejected by a Canadian court in a case concerning the validity of a will. The evidence as to execution by the witnesses was accepted by the court. “Ms. Lewis was never provided with nor did she ever see the...
by Emma Jane Prendergast BL | Nov 5, 2019 | Case management, Duties of expert witnesses
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...
by Emma Jane Prendergast BL | Nov 5, 2019 | Education of decision makers, Examples of expert evidence
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...
by Mark Tottenham BL | Nov 3, 2019 | Arbitration, mediation and conciliation, Examination of experts
The Global Arbitration Review has published an extensive discussion of the cross examination of experts by David Roney of Sidley Austin LLP. An excerpt: “Ask only one fact per question. Keep each question short and use simple words. Ideally, use the expert’s...
by Mark Tottenham BL | Nov 2, 2019 | Privilege over communications with experts
“Justice Riordan of the Supreme Court [of Victoria] in his recent Expert Evidence Ruling confirmed that communications between lawyers and experts are permissible and will not impede the expert’s impartiality as long as there is no attempt to influence the...
by Mark Tottenham BL | Oct 30, 2019 | Examples of expert evidence
High Court: (a) refuses to declare that a defendant lacked capacity where the only clinical evidence was that of a treating psychiatrist based on a short discussion with his patient, and where no independent expert evidence had been adduced; but (b) sets aside...
by Mark Tottenham BL | Oct 30, 2019 | Admissibility of expert evidence, Misconduct by experts
High Court: (a) dismisses appeal from decision of Fitness to Practice Committee of the General Medical Council that actions of a psychiatrist amounted to misconduct in that he accepted instructions in an FTP hearing concerning a paramedic when he was not an...
by Emma Jane Prendergast BL | Oct 29, 2019 | Examples of expert evidence
In a decision issued on 4 October 2019, the Badminton World Federation accepted expert scientific evidence that the presence of banned substance clenbuterol (of concentration 0.04ng/mL) in a urine sample provided by a Thai athlete was due to inadvertent consumption of...
by Emma Jane Prendergast BL | Oct 29, 2019 | Admissibility of expert evidence
Rule 11-8 Supreme Court Civil Rules was enacted on 11 February 2019 by a decision of government, without seeking approval from the Rules Revision Committee. Rule 11-8 limited parties to three experts in motor vehicle claims, but was intended to apply to all injury...
by Mark Tottenham BL | Oct 23, 2019 | Admissibility of expert evidence
In a Tennessee case concerning nursing care, the plaintiff relied on expert testimony from a neurosurgeon. The court dismissed the case, and the decision was upheld on appeal. See:...
