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Fees charged by expert witnesses did not demonstrate bias in medical negligence action
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Supreme Court dismisses appeal from Court of Appeal, and affirms refusal to introduce new evidence on appeal concerning the level of fees charged by expert witnesses and the fact that they had had access to an overnight transcript during a medical negligence action, on the grounds that the plaintiff had failed to establish that the level of fees charged was such as to demonstrate that the experts had been biased, or that the trial had been unsatisfactory.
MacMenamin J (nem diss): Expert witness evidence - duty of independence and impartiality - level of witness remuneration - medical negligence proceedings - 21-day hearing - costs of hearing - abandonment of appeal - bill of over €500,000 - fees charged by defence experts - provision of overnight transcripts to expert witnesses - fees charged by experts unusually high - status of expert witness in court - cases where remuneration was not guaranteed - issues concerning fees charged by experts - evidence from cost accountants - whether issues were such as to render the trial unsatisfactory - distinction between objective bias and conflict of interest.
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