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A Guide to Expert Witness Evidence

A Guide to Expert Witness Evidence

Author: Maurice Dockrell
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

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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