Irish High Court introduces two new practice directions designed to streamline clinical... Irish High Court introduces two new practice directions designed to streamline clinical...

Irish High Court introduces two new practice directions designed to streamline clinical...

The aim of the new procedure is to ensure cases are properly pleaded before a trial date is assigned and to facilitate the earlier resolution of...
Does the face fit? Does the face fit?

Does the face fit?

Experts are advised, if possible, to avoid expressing opinions on the basis of possibility. The usually applicable stand of proof is the civil...
Not a bridge too far – dental negligence Not a bridge too far – dental negligence

Not a bridge too far – dental negligence

The detail of this case is of relevance to dental experts and attention is drawn to the clarity and particularity with which Professor Harding set out...
Pacemaker PTSD? Pacemaker PTSD?

Pacemaker PTSD?

This is primarily a case for cardiologists, cardiac nurses and anaesthetists with a learning point for psychiatric experts. Viewed from outside the...
Podcast Episode 11: AI and the Expert Witness Podcast Episode 11: AI and the Expert Witness

Podcast Episode 11: AI and the Expert Witness

In the 11th episode of the Expert Matters Podcast, we take a look at how AI is being used by Expert Witnesses. We discuss general developments related...
EWI publishes new Guidance on Expert Discussions and Joint Statements EWI publishes new Guidance on Expert Discussions and Joint Statements

EWI publishes new Guidance on Expert Discussions and Joint Statements

We have just refreshed our guidance on ‘Expert Discussions and Joint Statements' in the EWI Knowledge Hub...
Postponement of the Extended Fixed Recoverable Costs Stocktake and Uprating of Fixed Cost... Postponement of the Extended Fixed Recoverable Costs Stocktake and Uprating of Fixed Cost...

Postponement of the Extended Fixed Recoverable Costs Stocktake and Uprating of Fixed Cost...

The Civil Procedure Rule Committee (‘Committee) decided, provisionally, to postpone the extended Fixed Recoverable Cost (‘FRC’)...
A Day in the Life of an Aerial Imagery Expert A Day in the Life of an Aerial Imagery Expert

A Day in the Life of an Aerial Imagery Expert

Chris Cox is a professional heritage consultant, specialist interpreter of aerial imagery and Lidar data, and an Expert Witness. She is the...
Podcast Episode 10: Equal Representation for Expert Witnesses Podcast Episode 10: Equal Representation for Expert Witnesses

Podcast Episode 10: Equal Representation for Expert Witnesses

In Episode 10 of the Expert Matters Podcast we celebrate International Women's Day. Women are appointed or testify in only 9% of disputes...
A Day in the Life of an Accountancy Expert Witness A Day in the Life of an Accountancy Expert Witness

A Day in the Life of an Accountancy Expert Witness

Heather Rogers is an accountant, tax practitioner and Expert Witness. Most of her cases involve director disputes or professional negligence where...
Podcast Episode 9: Becoming an Expert Witness Podcast Episode 9: Becoming an Expert Witness

Podcast Episode 9: Becoming an Expert Witness

In the 9th episode of the Expert Matters Podcast, we look at how to become an Expert Witnesss. If you think expert witness work might be for you,...
A Day in the Life of an Emergency Medicine Expert Witness A Day in the Life of an Emergency Medicine Expert Witness

A Day in the Life of an Emergency Medicine Expert Witness

Colin Holburn is an EWI fellow, governor and founding member. A consultant in accident and emergency medicine, he has been practising as an Expert...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Expert evidence in judicial review proceedings
Sean Mosby 419

Expert evidence in judicial review proceedings

bySean Mosby

 

Summary

The parties sought permission to rely on expert evidence from three experts in respect of the claimant’s tazkira, an official identity document issued by the former Islamic Republic of Afghanistan. The judge found the first proposed expert’s evidence to be hearsay, and (if the proceeding continued) directed the parties to re-serve the second expert’s report with evidence for which permission had not been given excised, and to re-serve the third expert’s report with a compliant declaration.  

Learning points

Learning points for experts:

  • If you are asked to prepare a report before permission for such evidence has been given by the court, you should restrict your evidence to the matters that are at issue in the dispute and avoid providing evidence on issues that could potentially be, but are not currently, in dispute.

  • If the court requires part of your opinion to be excised, you must consider the impact of those excisions on your full opinion.

  • If you are providing evidence in a court jurisdiction that is different to the one you usually act in, take extra care to make sure you are using the correct expert declaration. You can find the current expert declarations in the EWI knowledge Hub.

Learning points for instructing parties:

  • Rule 35.4(1) of the Civil Procedure Rules applies in judicial review proceedings and parties are required to obtain permission from the court to rely on expert evidence.

  • It is incumbent upon you to identify the need for expert evidence as early as possible.

  • It is important to understand the difference between expert evidence and hearsay evidence as they will be treated differently by the court.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.