A Guide to Expert Witness Evidence

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.

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)