An ounce of reasoning is worth a pound of opinion An ounce of reasoning is worth a pound of opinion

An ounce of reasoning is worth a pound of opinion

The defendants denied the validity of a will on the grounds that the testatrix lacked testamentary capacity. The judge found that the conclusion of...
Review of Guidance for the instruction of experts in civil claims Review of Guidance for the instruction of experts in civil claims

Review of Guidance for the instruction of experts in civil claims

The Civil Justice Council (‘CJC’) is intending to review its ‘Guidance for the instruction of experts in civil claims’ with a...
Update on EWI Advocacy Update on EWI Advocacy

Update on EWI Advocacy

One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the...
Legal Aid: Experts' Fees Legal Aid: Experts' Fees

Legal Aid: Experts' Fees

This case is of obvious importance to experts authorised by the Family Court to be instructed in public law proceedings but it has implications for...
An expert report that is entirely equivocal on the key issues is of little assistance to... An expert report that is entirely equivocal on the key issues is of little assistance to...

An expert report that is entirely equivocal on the key issues is of little assistance to...

The court noted that the jointly instructed expert demonstrated a clear lack of understanding of both CPR 35 and the duties owed to the court by an...
EWI Annual Conference 2025: Opening keynote looks at how to be a witness as well as an... EWI Annual Conference 2025: Opening keynote looks at how to be a witness as well as an...

EWI Annual Conference 2025: Opening keynote looks at how to be a witness as well as an...

Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...

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Degenerative or traumatic spinal damage?
Case Updates

Degenerative or traumatic spinal damage?

A common issue in personal injury orthopaedic cases is whether the damage of which the claimant complains is degenerative or traumatic in origin or a combination. This case illustrates for specialists in neurosurgery, orthopaedics, pain medicine and radiology how the court resolved conflicting expert evidence. It also illustrates the risks of reliance on the claimant’s self-reported history, especially if they have taken it upon themselves to research into areas of medical and legal expertise.

Rezmuves v Birney [2024] IEHC 592 

Undisplaced spiral right humeral fracture – accidental or non-accidental?
Case Updates

Undisplaced spiral right humeral fracture – accidental or non-accidental?

This case illustrates how the Family Court depends on expert paediatric and radiological evidence to decide when and how a child’s fracture was sustained. This summary does not include how the court used the evidence. Suffice it to say that the expert evidence was only a part of the evidence before the court.  

C1 and C2 (Children: Fact Finding), Re [2024] EWFC 247 (B)