This is primarily a case for cardiologists, cardiac nurses and anaesthetists with a learning point for psychiatric experts. Viewed from outside the jurisdiction the striking feature of the case is that the plaintiff’s general practitioner records documenting a previous psychiatric history, which she had denied when assessed by the two psychiatric experts, were not disclosed to the defendant until five days into the trial.

Tynan v Bon Secours Health System Company Ltd by Guarantee [2025] IEHC 81 

The detail of this judgment is for experts who conduct capacity assessments. Two points arise of more general interest.

First, the expert, who had been involved in the case for six years, changed her opinion. In the language of the court it was a 180^o degree change. The court thought that this called for a greater discussion in the analysis section of the report. This seems to have been that section of the report for which experts use the heading ‘Facts and assumed facts’ or ‘Factual analysis’. Second, the expert suggested that the issues, or some of the issues, in the case could be resolved by invoking the inherent jurisdiction of the court. But there had been no application for the exercise of the court's inherent jurisdiction, it was not referred to in the letter of instruction, and it might not – as a matter of law – have been available. This is a good example of the advice to experts to leave the law to the lawyers.  

Calderdale Metropolitan Borough Council v LS [2025] EWCOP 10 (T3)