Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service  Board:... Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service Board:...

Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service Board:...

The decision in O'Neill v Scottish Ambulance Service Board [2025] CSOH 17 provides important guidance on the legal and professional standards...
Advocate Economists and the Competition Appeal Tribunal Advocate Economists and the Competition Appeal Tribunal

Advocate Economists and the Competition Appeal Tribunal

At a recent Frontier Economics Litigation event, the President of the Competition Appeal Tribunal, The Honourable Mrs Justice Bacon, warned that...
EWI Annual Conference 2026: Opening keynote tackles the use of AI in Expert Reports EWI Annual Conference 2026: Opening keynote tackles the use of AI in Expert Reports

EWI Annual Conference 2026: Opening keynote tackles the use of AI in Expert Reports

“If an Expert, a lawyer, an accountant, an engineer, a doctor produce inaccurate or unreliable opinions or use hallucinatory references, they are...
Do not leave it until cross-examination to reveal your true opinion Do not leave it until cross-examination to reveal your true opinion

Do not leave it until cross-examination to reveal your true opinion

The Claimant suffered serious injuries in a road traffic accident after the Defendant, who was driving out of a side road, collided with the...
A Day in the Life of a General Practitioner Expert Witness A Day in the Life of a General Practitioner Expert Witness

A Day in the Life of a General Practitioner Expert Witness

Dr Frances Cranfield is a GP, Assistant Coroner, and a founding member of the Expert Witness Institute. With three decades of experience spanning...
New Guide to Becoming an Expert Witness New Guide to Becoming an Expert Witness

New Guide to Becoming an Expert Witness

The EWI has just published its new guide to Becoming and Expert Witness. Written by EWI Member Paul Beckett, the guide is aimed at those who are...
Ill-health and sentencing Ill-health and sentencing

Ill-health and sentencing

After summarising the case law, the court in this case stated that there is a high threshold to be reached in order for ill health or physical...
Podcast Episode 26: Expert Advisor versus Expert Witness Podcast Episode 26: Expert Advisor versus Expert Witness

Podcast Episode 26: Expert Advisor versus Expert Witness

This month, on the Expert Matters Podcast, we take a look at the issues and challenges of being an expert advisor versus an expert witness, and...
Podcast Episode 25: Preview of the EWI Annual Conference 2026 Podcast Episode 25: Preview of the EWI Annual Conference 2026

Podcast Episode 25: Preview of the EWI Annual Conference 2026

This month on the Expert Matters Podcast, we preview the EWI  Annual Conference which will be held virtually on 19 June 2026. We look at some of...
A Day in the Life of a Housing Disrepair Expert Witness A Day in the Life of a Housing Disrepair Expert Witness

A Day in the Life of a Housing Disrepair Expert Witness

We speak to David Deacon, a chartered surveyor who has spent his career in residential property. He founded Housing Disrepair Surveys, leading a team...
Podcast Episode 24: Marketing your expert witness practice Podcast Episode 24: Marketing your expert witness practice

Podcast Episode 24: Marketing your expert witness practice

In April's episode of the Expert Matters Podcast, we take a deep dive into Marketing your Expert Witness Practice, providing practical advice on...
A Day in the Life of a Learning Disability and Nursing Expert Witness A Day in the Life of a Learning Disability and Nursing Expert Witness

A Day in the Life of a Learning Disability and Nursing Expert Witness

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service...

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.

Personal injury litigation in Ireland
Keith Rix 1639

Personal injury litigation in Ireland

by Keith Rix

 

Commentary

One of the important differences between Ireland and other British Isles jurisdictions is in the procedures followed in personal injury litigation. This case is illustrative. If the plaintiff had brought his case in England or Wales, how would this case have progressed?

First, his solicitors would have referred him to an orthopaedic surgeon for a report (whereas what happened was that the choice of expert orthopaedic evidence depended not even on the choice of his general practitioner, as usually happens in Ireland, but on the choice of the first orthopaedic surgeon to whom his general practitioner had referred him). It is unlikely that he would have been given permission to adduce expert evidence from a general practitioner, an emergency medicine consultant and a second orthopaedic surgeon.

Second, it is very likely indeed that the orthopaedic surgeon would have been provided with copies of his general practitioner records so he would have been aware of the symptoms reported to, and signs found by, medical practitioners before and after the accident.   

Third, as well as having regard to the history obtained by any other experts, the orthopaedic expert would have taken a history from the claimant rather than relying on what turned out to be the incomplete history in the referral letter from the first orthopaedic expert.

Fourth, it is likely that the defendant would have obtained its own expert orthopaedic evidence.

Fifth, unless there was complete agreement between the claimant’s and defendant’s orthopaedic experts, there would very likely have been an experts’ discussion and joint statement and it would probably have resolved the left-right issue. 

Sixth, if the case had gone to trial, the claimant’s orthopaedic expert would have seen the other expert reports before the trial and not have been caught unawares by their contents.

Seventh, insofar as the Particulars of Claim would have been based on the expert orthopaedic evidence it is highly unlikely that there would have been inconsistency between the expert orthopaedic opinion and the contents of the Particulars of Claim. Any such inconsistency would have been detected by the solicitor or counsel in the draft Particulars of Claim.

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.