A Guide to Expert Witness Evidence



Published: 26-09-2019
Format: Paperback
Edition: 1st
ISBN: 9781847667175


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

Chapter 2: Types of Expert Witness

Chapter 3: Duties of Expert Witnesses

Chapter 4: Conflicts of Interest

Chapter 5: Communications Between Legal Teams and Expert Witnesses

Chapter 6: Dangers of Expert Evidence

Chapter 7: Admissibility of Expert Evidence

Chapter 8: Expert Reports

Chapter 9: Expert Evidence at Different Stages of the Trial Process

Chapter 10: Types of Expert Evidence

Chapter 11: Types of Hearing – Procedural Rules

Chapter 12: Alternative Dispute Resolution

Chapter 13: Misconduct by Expert Witnesses

Chapter 14: Taxation of Costs of Expert Evidence

Essay: 'The Role of the Expert Witness' (1999) Adrian Hardiman SC (later Mr Justice Hardiman of the Supreme Court)

Appendix 1: Template Letter of Retainer for Proposed Expert Witness

Appendix 2: Template of Report by Expert Witness

Appendix 3: Template of Joint Report Following Meeting Between Experts

Appendix 4: Rules on Expert Evidence

Appendix 5: Codes of Conduct for Expert Witnesses – Australia and Canada

Appendix 6: Draft Report Case Study (by John Garrett, consulting engineer)

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