From February to April 2024, the Civil Procedure Rule Committee (‘Committee’) held a consultation on a proposed draft amendment to the Civil Procedure Rules (‘CPR’) rule 5.4C (supply of documents to a non-party from court records). We've set out the key themes and recommendations in the EWI response. 

The qualifications and experience of an expert in an extradition appeal did not demonstrate that he was an expert on the issues before the court. 

In considering whether to appoint a scientific advisor or order the exchange of expert evidence, the judge in a patent case considered the dividing line between the two roles. 

The judge found that an expert witness's anlaysis became incoherent because he failed from the outset to take into adequate account the NICE recommendations. 

The Court of Appeal determined that an employee of the appellant was able to provide opinion evidence because he was "qualified to give expert evidence" for the purposes of section 3 of the Civil Evidence Act 1972. However, the trial judge needs to determine what weight (if any) to give to the opinions of someone who is not an independent expert instructed in accordance with the strictures and safeguards of CPR 35.

EWI Honorary Fellow Tony Saggers has been a drug trafficking Expert Witness since 1995, alongside a career in law enforcement that spanned 30 years. Formerly the National Crime Agency’s Head of Drugs Threat and Intelligence, he now runs a consultancy providing anti-organised crime strategy solutions, child safeguarding from criminal exploitation advice, and Expert Witness training. Here, he provides a glimpse into his long and varied career and explains the importance of impartiality, communication, and evolution in the Expert Witness field.

The Court of Appeal of Ireland found that material hyperlinked in an expert report constitutes part of the reference matrial on wich the report is based and the court is entitled (if not expected) to review it if it has any concerns with the content of the report itself. 

Tesco Ireland Limited v. Stateline Transport Limited [2024] IECA 46

The judge found that providing preliminary advice on the issues that arise regarding quantum did not impinge on the expert's ability to subsequently provide independent expert advice. 

The High Court of Ireland found that the Irish International Protection Appeals Tribunal's duty to cooperate required it offer the applicant the chance to obtain (or have obtained by the Tribunal) a medico-legal report on injuries which had come to light during the hearing. 

The Forensic Science Regulator is consulting on the draft for the development of version 2 of the forensic science code of practice.