oct ewj 24 online - Flipbook - Page 40
The Role of Expert Witnesses:Under Review
A recent High Court decision has reaffirmed the principle that expert witnesses should only give
opinion evidence strictly in the area(s) of their expertise.
l An
expert witness should never assume the role of
an advocate.
Expert Witness Criticism
The court was particularly critical of one expert
witness in the recent case of B v Minister for Education
& Ors [2024] IEHC 313.
In the case of Duffy v McGee, Mr. Justice Noonan
observed that: “objectivity, by definition, requires that
one has regard to both sides of the case. A central component of the duty of the expert is to ascertain all relevant facts, whether they support the client’s case or not”.
Mr. Justice Simons stated that the extent of her
evidence “went far beyond that permitted by the rules in
relation to expert evidence”. The independence of that
expert witness was thus undermined and the court
could attach little weight to her evidence.
Conclusion
Parties instructing expert witnesses in litigation must
be clear as to their role and duties to ensure that the
evidence given is limited strictly to their area(s) of
expertise.
Expert Evidence Principles
The court usefully re-stated the following principles
relating to expert evidence as set down by the Court
of Appeal in Duffy v McGee [2022] IECA 254:
l An expert witness is there to assist the court, not to
decide the case.
l The court has no obligation to accept the evidence
of any particular expert, even if that evidence is
uncontradicted.
It is clear from recent decisions of the superior courts
that the expression of opinion outside an expert
witness’ area(s) of expertise may be fatal as the court
may be justified in attaching little weight to their
evidence.
Further Information
For expert legal advice on Litigation matters, please
contact Ciarán Leavy, Partner and Head of the Lavelle
Partners Litigation & Dispute Resolution Team.
www.lavellepartners.ie/business/litigation-dispute-resolution/
The duty of an expert witness to assist the court
overrides any obligation to any party paying the fee of
the expert witness.
l
l An expert witness should state the facts or assumptions upon which his or her opinion is based and
should not omit to consider material facts which could
detract from their concluded opinion.
Author
Ciarán Leavy
Head of Litigation &
Dispute Resolution
at Lavelle Partners LLP
An expert witness should offer independent
assistance by way of objective, unbiased opinion in
relation to matters within their expertise.
l
GOOD NEURORADIOLOGY
Dr Catriona Good
MBChB, FFRad(D), FRCR, PhD, EDiNR
Dr Catriona Good is Consultant in Neuroradiology and Honorary Senior Lecturer at Brighton and Sussex Medical School.
Dr Good is suitably qualified to provide expert opinions on all aspects of brain and spinal neuroimaging.
Including: all aspects of diagnostic brain and spine imaging, brain and spinal trauma, brain haemorrhage
and stroke, neurodegeneration including dementia, movement disorders, skull base, orbital and ENT imaging,
TMJ imaging and Peripheral nerve imaging.
Dr Good has been undertaking medicolegal work for the past 19 years and is a vetted expert for Academy of Experts,
Faculty of Experts and APIL (1st tier) She has also obtained the Cardiff University CUBS qualification.
Cases include personal injury, clinical negligence, criminal cases and GMC and Irish Medical Council
fitness to practice proceedings. She undertakes both Claimant and Defendant work, has civil court experience
including hot tubbing and has been instructed as a Single Joint expert. She undertakes adult cases only.
Dr Good has attended Coroner’s Court on four occasions and an Irish Medical Council hearing.
Medical Report turnaround time is usually 2 -3 weeks but she can provide reports in 5 working days in urgent situations.
Dr Good can also supply Screening Reports.
Email: goodcatriona@gmail.com
Web:www.goodneuroradiology.com
Area of work Nationwide
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