The Law of Expert Evidence in Ireland provides an introduction to expert witness evidence, aimed at both lawyers and potential expert witnesses.
The book outlines the Irish rules of court concerning expert evidence in different types of hearing, as well as the up-to-date case law in Ireland and other common law countries concerning expert witnesses. It examines the risks to expert witnesses who do not comply with the court's requirements. It provides a comprehensive overview of the both the civil and criminal Irish legal system, different types of quasi-judicial tribunals and arbitration/mediation procedures.
It explains who can be an expert witness, the scope of evidence given by expert witnesses and the function and duty of expert witnesses. A key part of the book examines the role of the expert in a pre trial context, including report writing, as well as the expert giving evidence in court. The book then examines experts in various contexts, eg in the commercial court, in a criminal trial, medical experts, engineering experts, in a local authority context and family law. It provides coverage on the expert witness in the context of the legal system, as well as the limits of evidence that can be given. It gives practical advice concerning the preparation of expert reports, attending consultations and meetings between experts, as well as preparing to give oral evidence.
This title is included in Bloomsbury Professional's Irish Civil Litigation online service.
Auflage
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-5265-2762-2 (9781526527622)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Mark Tottenham has been in practice as a barrister since 2002, in Dublin and on the South-Eastern circuit, practising in the areas of property and probate law amongst others. He was the founding editor of Decisis.ie, an online law reporting service and has contributed to Bloomsbury Professional Online through Decisis and the Irish Tax Reports. He was the lead author of A Guide to Expert Witness Evidence (Bloomsbury Professional, 2019) and has provided training to expert witnesses. He has lectured on legal subjects at The Kings Inns, The Law Society, The Chartered Institute of Arbitrators (Irish Branch), La Touche Training, CMG Events amongst others. He has written on legal subjects for various publications, including The Northern Ireland Law Quarterly, Laffoy's Irish Conveyancing Precedents with Bloomsbury Professional, The Conveyancing and Property Law Journal, The Medico-Legal Journal of Ireland, Law Ireland, The Irish Law Times, and The Irish Times.
Aoife Beirne LL.B (Dub), LL.M (Cantab), Ph.D (Dub), Barrister-at-Law (King's Inns) is a practising barrister since 2012 in the area of civil and commercial law. She holds a First-Class Honours LL.B from Trinity College Dublin, where she was also elected a Scholar. She was awarded an LL.M in Commercial Law from the University of Cambridge, where she was the recipient of the W.M. Tapp Studentship in Law from Gonville and Caius College. She completed her Ph.D entitled 'The Incorporation of Expert Evidence in Ireland' at Trinity College Dublin, which was funded by the Irish Research Council and Arthur Cox. She has lectured in a variety of legal subjects at Trinity College Dublin, Dublin City University, the Law Society and the Honourable Society of King's Inns.
Autor*in
Barrister and mediator, South Eastern Circuit, Ireland
Barrister-at-Law, Ireland
1. What is an Expert Witness?
Difference Between Ordinary Witness and Expert Witness
Distinction Between 'Expert' Witness and 'Professional' Witness
The Role of the Expert Witness in Civil Litigation
The Role of the Expert Witness in Criminal Litigation
Dangers Associated with Expert Witnesses
2. Types of Expert Witness
Independent Experts Retained by the Parties
Single Joint Experts (or Court-Appointed Experts)
Assessors
Independent Experts on Discovery
Advisory Experts
'Experts Ad Hoc'
Experts on Foreign Law
Interpreters and Translators
3. Duties of Expert Witnesses
Background - The Ikarian Reefer and Other Cases
To Tell the Truth
To be Independent of the Parties
To be Independent of the Legal Teams
To Assist the Court to Make its Own Decision
To Ascertain or Investigate the Relevant Facts
To Educate the Court as to the Relevant Specialist Knowledge
To Reach a Reason and Honestly - Held Conclusion on the Issues
To Cooperate with the Client and Instructing Legal Team
To Cooperate with the Other Legal Teams when Required
To Cooperate with the Other Experts when Required
To Comply with Any Directions of the Court
-Penalties for Breach of Duties
4. Pre-Trial Procedure for Legal Team in Civil Proceedings
Identifying the Issues Requiring Expert Evidence
Identifying the Type of Expert Required
Selecting an Expert Witness
Instructing the Expert Witness (Including Conflicts of Interest and Fee Estimates)
Providing Factual Materials/Arranging Inspections/Interviews with Witnesses
Receiving the Expert Report
Consultations with Experts
Exchanging Reports
Arranging Meetings Between Experts
Receiving Joint Reports
Preparing for Trial
5. Pre-Trial Procedure for Experts in Civil Proceedings
Accepting Instructions
Receiving Materials/Carrying out Investigations
Preparing an Expert Report
Consultations with Client or Legal Team
Exchanging Reports
Meetings Between Experts
Preparing Joint Reports
Preparing for Trial
6. Pre-Trial Procedure for Experts in Criminal Proceedings
Criminal Investigation
Book of Evidence
Disclosure
Notice by Defence of Proposed Expert Evidence
7. Admissibility of Expert Evidence
Relevance
Necessity ('the Common Knowledge' Rule)
Qualifications
Reasonable Body of Knowledge
Economy in Litigation
Equality of Arms
Hearsay
Opinion
The 'Ultimate Issue' Rule
8. Requirements of an Expert Report
9. The Role of the Expert at Different Stages of the Trial Process
Pre-Action - Whether a Cause of Action Exists
Pleadings
Particulars of Pleadings
Discovery
Inspection
Ex Parte Applications
Interlocutory Applications
Cases Heard on Affidavit
Case Management
Plenary Hearings
Oral Evidence Generally
Examination in Chief
Cross-Examination
Re-Examination
Concurrent Evidence ('Hot Tubbing')
Preparing to Examine an Expert Witness
Preparation by the Expert to be Examined
The Role of the Decision Maker
The Charge to the Jury
Appeals Concerning Expert Evidence
Fresh Expert Evidence on Appeal
Expert Evidence and Miscarriages of Justice
10. Types of Case Involving Expert Evidence
Personal Injuries
Road Traffic Accidents
Workplace Accidents
Medical Negligence
Accidents Relating to Land
Construction Disputes
Planning Disputes
Cases Involving Forensic Accounting
Professional Standards
Family Law
Intellectual Property
Asylum and Immigration
Cases Involving Forensic Science
Property Law Cases
Conveyancing
Landlord and Tenant
Easements
11. Irish Rules of Court Concerning Expert Evidence
General
High Court Personal Injuries
High Court Chancery/Non-Jury/Commercial
Circuit Court
District Court
Quasi-Judicial Tribunals
Inquests
12. Alternative Dispute Resolution
Arbitration
Mediation
Conciliation
Adjudication
Expert Determination
13. Misconduct by Expert Witnesses
Perjury
Contempt of Court
Professional Negligence
Immunity of Witnesses, Including Expert Witnesses, from Civil Action
Fitness to Practice
'Wasted Costs' Orders Against Non-Parties
Public Criticism of Named Experts
Codes of Conduct for Expert Witnesses
Training of Expert Witnesses
14. Taxation of Costs of Expert Evidence
APPENDICES
Essay by Adrian Hardiman (1999)
Template Letter of Retainer for Expert Witness
Template of Expert Report
Template of Joint Report Following Meeting Between Experts
Rules on Expert Evidence
Suggested Code of Conduct
