A Guide to Expert Witness Evidence

Mark Tottenham , Emma Jane Prendergast, Ciaran Joyce , Hugh Madden

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English

Bloomberg Press
01 September 2019

Biography; Legal skills & practice; Legal profession: general; Civil procedure: law of evidence; Criminal procedure: law of evidence

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. This title is included in Bloomsbury Professional's Irish Civil Litigation online service.

By: Mark Tottenham , Emma Jane Prendergast, Ciaran Joyce, Hugh Madden
Edited by: Mark Tottenham
Imprint: Bloomberg Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 368g
ISBN: 9781847667175
ISBN 10: 1847667171
Pages: 440
Publication Date: 01 September 2019
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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)

Mark Tottenham is a barrister in practice in Dublin and on the south-eastern circuit. He is the editor of Stare Decisis Hibernia, an online legal resource, and Law Ireland, a print journal. He has written for Laffoy's Irish Conveyancing Precedents, and was the editor of the Irish Tax Reports 2017. Emma Jane Prendergast is a barrister in practice in Dublin. She lectures at third level, is engaged in consultancy with statutory organisations and has experience as a member of the fitness to practice committee of a professional regulatory body. Ciaran Joyce is a barrister, now working as a knowledge lawyer at A&L Goodbody, solicitors. Hugh Madden is a barrister, now working as an artist and cartoonist.