09 June 2022 Simon Berney-Edwards 4439 News An issue for the court to determine, not a planning consultant. by Simon Berney-Edwards A recent case in Northern Ireland’s High Court has seen lawyers criticised for the inclusion of non-compliant evidence. At the heart of this was an expert witness who stated that the planning permission for a GAA stadium in Casement Park, Belfast, was “unlawful”. Mr Justice Michael Humphreys made the remarks after rejecting several grounds of challenge. He noted that this was an issue which was “demonstrably for the court to determine, not a planning consultant”. This language demonstrated a “complete lack of understanding of the role of an expert witness in our legal system”. The court commented: “Solicitors and counsel owe obligations to the court to ensure the proper administration of justice and affidavits of this nature should never have been filed.” Simon Berney-Edwards, EWI Chief Executive Officer, said “This is another timely reminder that the Expert’s role is to provide their expert opinion based on the facts. They are not permitted to usurp the role of the court in deciding disputed facts and ultimate issues.” Share Print Tags 06. Rules and Regulations Related articles Blackpool Borough Council v RR [2026] EWFC 69 EWI Commentary on the RICS Professional Standard and Practice Guidance KS v The Secretary of State for the Home Department (Immigration and Asylum Chamber) Appeal Number: PA/64221/2024 A Day in the Life of an Occupational Therapy Expert Witness Lorimer-Wing v Hashmi [2026] EWHC 1843 (Ch) Switch article R v Nijhawan [2022] EWCA Crim 10 Previous Article S (Vulnerable Party: Fairness of Proceedings) [2022] EWCA Civ 8 Next Article Comments are only visible to subscribers.