Expert Evidence

Expert Evidence arises where a party representative, usually but not always a solicitor, engages an expert to produce an expert report and, if necessary, provide expert witness evidence under oath to the dispute resolution forum (perhaps a court or an arbitration tribunal). Acting as an expert involves an investigation of the dispute in question and preparing a report- using the expertise and experience of the expert- which identifies where fault or liability may lie. While the expert is engaged by, and paid by a party, the report is prepared for the benefit of the court, tribunal or other forum.

On occasions, the expert may be appointed by the forum. Where necessary the expert is called to give evidence under oath. It is also frequently necessary for an expert to meet with other experts, appointed by other parties, to resolve where they agree or disagree on the merits of the case. Even where all parties to a dispute engage their “own” expert, the duty of the experts is to report in a non-partisan manner to the forum, the expert should never become an advocate of a party.

Refer to the Law Reform Commission Consultation Paper on Expert Evidence [LRC CP 52-2008] generally and Provisional Recommendation No7.33, specifically.  Rules of the Superior Courts (conduct of Trials) 2016 (S.I. 254 of 2016) and Rules of the Superior Courts (Chancery and non-Jury Actions and other designated proceedings: pre-Trial Procedures) 2016 (S.I. 255 of 2016) may also affect expert evidence.