Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court has refused in a property dispute to strike out an entire expert report or excise portions thereof prior to trial. The plaintiffs sought to exclude evidence contained in the expert report, alleging procedural delays and substantive issues, including the expert's commentary on legal matters outside their expertise. The court acknowledged some concerns regarding the expert's factual assumptions but determined that the issues raised were more appropriately addressed at trial. The court agreed to exclude certain portions of the report as offered by the defendants, but the plaintiffs had not met the heavy burden of establishing that the report should be ruled inadmissible.
property finance dispute, expert report, procedural delay, admissibility, expert witness, accountancy expertise, banking expertise, negligence, quantification of loss, factual assumptions, Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020, Rules of the Superior Courts (RSC), Duffy v. McGee, The Ikarian Reefer, expert evidence, pre-trial motion, case management.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now