An issue for the court to determine, not a planning consultant.

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.”