A Guide to Expert Witness Evidence

By: Mark Tottenham and Emma Prendergast with Ciaran Joyce and Hugh Madden
ISBN: 9781847667175

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About A Guide to Expert Witness Evidence

A Guide to Expert Witness Evidence is a uniquely comprehensive exploration of expert witness evidence in Ireland. This new book places the expert witness in context, giving an overview of the Irish legal system both civil and criminal, and the different types of quasi-judicial tribunals and arbitration/mediation procedures. Once placed in this context, the practicalities of the expert witness’ role are explored. The book explains who can be an expert... Read more

About A Guide to Expert Witness Evidence

A Guide to Expert Witness Evidence is a uniquely comprehensive exploration of expert witness evidence in Ireland.

This new book places the expert witness in context, giving an overview of the Irish legal system both civil and criminal, and the different types of quasi-judicial tribunals and arbitration/mediation procedures.

Once placed in this context, the practicalities of the expert witness’ role are explored. The book explains who can be an expert witness, the scope and the limits 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, whether in the commercial courts, family law, local authority disputes, or criminal, medical and engineering trials.

The book is not only aimed at lawyers but also potential expert witnesses. In this way the book is a truly comprehensive guide to expert witness evidence, detailing not only the background and the logistics but also the practicalities.

Table of Contents

CHAPTER 1 – GENERAL

What is a witness?
What is evidence?
What is an expert?
What is an expert witness?
Functions of expert witnesses
Types of expert witnesses
Requirement of expert evidence
Duties of expert witnesses
Requirement of Independence – within duties?
Conflict of interest/Bias
Training of expert witnesses
Dangers of expert evidence
Purpose of expert evidence
Admissibility of expert evidence
Equality of arms
The Hearsay Rule
Opinion Evidence

CHAPTER 2 – EXPERT REPORTS

Instructing an expert witness
Fee estimates
Consultations
Expert report
Meetings between experts
Exchange of expert reports

CHAPTER 3 – STAGES OF TRIAL PROCESS: CIVIL

Pleadings
Interlocutary applications
Trials on affidavit
Plenary hearings
Death or non-availability of expert
Weighing expert evidence – the role of the decision makers
Appeals
Judicial Review
Miscarriages of justice

CHAPTER 4 – TYPES OF EXPERT EVIDENCE

Engineering
Medical
Psychiatric/Psychological
Intellectual property
Forensic science
Pathology
Lipreading
Handwriting
Fingerprint
DNA
Novel or untested theories

CHAPTER 5 – TYPES OF HEARING – PROCEDURAL RULES

Civil hearings
Criminal hearings
Arbitrations
Mediations
Inquests
Tribunals of inquiry
Expert administrative tribunals
Professional disciplinary hearings
Employment law tribunals
Refugee/asylum tribunals
Compensation tribunals
Planning decisions
Tax hearings?
Pre-action protocols
Reform of procedure

CHAPTER 6 – MISCONDUCT BY EXPERT WITNESSES

Criminal sanctions
Civil sanctions

CHAPTER 7 – CODE OF PRACTICE

LRC
INTO
Society of actuaries
Medical council guide to professional conduct and ethics
Suggested code?
Expert witness directory of Ireland code of practice
UK civil justice council “guidance for the instruction of expert in civil claims”
Working group

CHAPTER 8 – COSTS OF EXPERT WITNESSES

Taxation of costs

CHAPTER 9 SPECIAL CATEGORIES

Evidence of foreign law
Interpreters
Conflicts of laws

APPENDIX – PRECEDENTS

Publishing Details

Publication Date: 26 September 2019
ISBN: 9781847667175
Binding: Paperback
BPro Ireland

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