Take care not to conflate your role as a contractor with your duties as an expert witness Take care not to conflate your role as a contractor with your duties as an expert witness

Take care not to conflate your role as a contractor with your duties as an expert witness

The parties disagreed on the extent of the repairs required to the joists, and the manner in which the repairs should be effected, following the...
Podcast Episode 26: Expert Advisor versus Expert Witness Podcast Episode 26: Expert Advisor versus Expert Witness

Podcast Episode 26: Expert Advisor versus Expert Witness

This month, on the Expert Matters Podcast, we take a look at the issues and challenges of being an expert advisor versus an expert witness, and...
Disclosure and redaction of medical and safeguarding records Disclosure and redaction of medical and safeguarding records

Disclosure and redaction of medical and safeguarding records

We have previously considered the problem for experts of redacted medical records. This, and the actual disclosure of medical, and also safeguarding,...
Help us map those working in the UK as Expert Witnesses Help us map those working in the UK as Expert Witnesses

Help us map those working in the UK as Expert Witnesses

Have your say in this important research and be in with a chance of winning £200 in vouchers of your choice.
Gary Alexander MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch) Gary Alexander MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch)

Gary Alexander MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch)

The case focussed on the validity of a will and codicil made by a wealthy lady, Mrs MacDougall, as well as a number of substantial gifts and...
Unregulated Experts in Family Court Children Proceedings Unregulated Experts in Family Court Children Proceedings

Unregulated Experts in Family Court Children Proceedings

From March to June 2025, the Family Procedure Rule Committee held a consultation on new Family Procedure Rule 25.5A concerning the instruction of...
Working with Expert Witnesses in Clinical Negligence Claims: Practical Considerations and... Working with Expert Witnesses in Clinical Negligence Claims: Practical Considerations and...

Working with Expert Witnesses in Clinical Negligence Claims: Practical Considerations and...

In the fourth article in the Working with expert witnesses series, Michael Kingman from Setfords Solicitors, discusses his experience of...
Podcast Episode 25: Preview of the EWI Annual Conference 2026 Podcast Episode 25: Preview of the EWI Annual Conference 2026

Podcast Episode 25: Preview of the EWI Annual Conference 2026

This month on the Expert Matters Podcast, we preview the EWI  Annual Conference which will be held virtually on 19 June 2026. We look at some of...
A Day in the Life of a Housing Disrepair Expert Witness A Day in the Life of a Housing Disrepair Expert Witness

A Day in the Life of a Housing Disrepair Expert Witness

We speak to David Deacon, a chartered surveyor who has spent his career in residential property. He founded Housing Disrepair Surveys, leading a team...
Podcast Episode 24: Marketing your expert witness practice Podcast Episode 24: Marketing your expert witness practice

Podcast Episode 24: Marketing your expert witness practice

In April's episode of the Expert Matters Podcast, we take a deep dive into Marketing your Expert Witness Practice, providing practical advice on...
A Day in the Life of a Learning Disability and Nursing Expert Witness A Day in the Life of a Learning Disability and Nursing Expert Witness

A Day in the Life of a Learning Disability and Nursing Expert Witness

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service...
A Day in the Life of a Clinical Psychologist Expert Witness A Day in the Life of a Clinical Psychologist Expert Witness

A Day in the Life of a Clinical Psychologist Expert Witness

Dr Jane Duff is a Consultant Clinical Psychologist, Head of the National Spinal Injuries Centre Psychology Service, and an Expert Witness. Here, she...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Judicial analysis of written expert healthcare evidence
Keith Rix 2628

Judicial analysis of written expert healthcare evidence

byKeith Rix

 

Commentary

This is an important judgment for experts who prepare personal injury reports in the Republic of Ireland but also for all experts, in all of the jurisdictions in the British Isles, for its description of the judicial analysis of expert evidence. It deals with procedure in Ireland for the instruction of specialist medical experts through plaintiffs’ general practitioners.   

The judgment includes an extract from McGrath’s Evidence (3rd edn, 2020) about how the weight of expert evidence is tested by the court. Most of the factors enumerated can be used to form a useful framework for the case-based discussion of an expert report in peer review. 

The judgment includes some implicit criticism of two of the experts but, as the judge acknowledged, his evaluation of the medical evidence had been complicated in the absence of oral evidence. 

Learning points:

A healthcare expert approached by a solicitor acting for a plaintiff in personal injury litigation in Ireland ought not accept instructions without first asking if the plaintiff’s general practitioner has either refused to refer the plaintiff to a healthcare specialist or has failed within 21 days to respond to a request to do so. In the event that this is not so, it is likely that the solicitor will explain why a direct referral is being made to the expert.

It is appropriate for a healthcare expert to adopt an attitude of professional scepticism in their assessment of the subject of their report.

A bald assertion that preexisting problems were aggravated by approximately x% is not enough. Such an opinion calls for an analysis of the evidence upon which it is based.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.