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A Guide to Expert Witness Evidence

A Guide to Expert Witness Evidence

  • Author:
  • Publisher: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781847667175
  • Published In: September 2019
  • Format: Paperback , 350 pages
  • Jurisdiction: Ireland ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 2,362.50

HKD 2,291.63 Save HKD 70.87 (3%)

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  • Description 
  • Contents 
  • Details

    A Guide to Expert Witness Evidence provides an introduction to expert witness evidence, aimed at both lawyers and potential expert witnesses. Topics covered include an overview of the Irish legal system both civil and criminal different types of quasi-judicial tribunals and arbitration/mediation procedures.

    It explains who can be an expert witness, the scope of evidence given by expert witnesses and the function and duty of expert witnesses. A key part of the book examines the role of the expert in a pre trial context, including report writing, as well as the expert giving evidence in court. The book then examines experts in various contexts, e.g. In the commercial court, in a criminal trial, medical experts, engineering experts, in a local authority context and family law.

    Contains coverage on the expert witness in the context of the legal system, as well as the limits of evidence that can be given. It will also give practical advise to dealing with performance anxiety.

  • CHAPTER 1 - GENERAL
    What is a witness?
    What is evidence?
    What is an expert?
    What is an expert witness?
    Functions of expert witnesses
    Types of expert witnesses
    Requirement of expert evidence
    Duties of expert witnesses
    Requirement of Independence - within duties?
    Conflict of interest/Bias
    Training of expert witnesses
    Dangers of expert evidence
    Purpose of expert evidence
    Admissibility of expert evidence
    Equality of arms
    The Hearsay Rule
    Opinion Evidence

    CHAPTER 2 - EXPERT REPORTS
    Instructing an expert witness
    Fee estimates
    Consultations
    Expert report
    Meetings between experts
    Exchange of expert reports

    CHAPTER 3 - STAGES OF TRIAL PROCESS: CIVIL
    Pleadings
    Interlocutary applications
    Trials on affidavit
    Plenary hearings
    Death or non-availability of expert
    Weighing expert evidence - the role of the decision makers
    Appeals
    Judicial Review
    Miscarriages of justice

    CHAPTER 4 - TYPES OF EXPERT EVIDENCE
    Engineering
    Medical
    Psychiatric/Psychological
    Intellectual property
    Forensic science
    Pathology
    Lipreading
    Handwriting
    Fingerprint
    DNA
    Novel or untested theories

    CHAPTER 5 - TYPES OF HEARING - PROCEDURAL RULES
    Civil hearings
    Criminal hearings
    Arbitrations
    Mediations
    Inquests
    Tribunals of inquiry
    Expert administrative tribunals
    Professional disciplinary hearings
    Employment law tribunals
    Refugee/asylum tribunals
    Compensation tribunals
    Planning decisions
    Tax hearings?
    Pre-action protocols
    Reform of procedure

    CHAPTER 6 - MISCONDUCT BY EXPERT WITNESSES
    Criminal sanctions
    Civil sanctions

    CHAPTER 7 - CODE OF PRACTICE
    LRC
    INTO
    Society of actuaries
    Medical council guide to professional conduct and ethics
    Suggested code?
    Expert witness directory of Ireland code of practice
    UK civil justice council "guidance for the instruction of expert in civil claims"
    Working group

    CHAPTER 8 - COSTS OF EXPERT WITNESSES
    Taxation of costs

    CHAPTER 9 SPECIAL CATEGORIES
    Evidence of foreign law
    Interpreters
    Conflicts of laws

    APPENDIX - PRECEDENTS

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