Why the Rules Around Expert Evidence Are Crumbling—and What It Means for Your Next Big Case
Ever wondered why some expert witnesses seem as predictable as a rerun of your least favorite TV show? If you’ve been tangled up in the Irish legal scene even once, you know what I mean. The Court of Appeal’s 2022 shakeup in Duffy v McGee wasn’t just a nudge—it was a full-on callout, spotlighting experts who’ve long treated their roles like cheerleaders rather than impartial referees. After two decades as a barrister watching this unfold, it’s clear the game’s changed. Courts are now zeroing in on expert bias with the kind of scrutiny that could make even the steeliest lawyer sweat. And that’s not all—this shift ripples outside the courtroom too, with new panels and training programs ensuring experts get their act together. So, how do you navigate this transformed landscape without tripping up? Let’s dive into what today’s legal players need to know about expert witnesses—and why getting it right is no longer optional. LEARN MORE
By Eavanna FitzGerald, barrister and founder of The Expert Witness Site
In November 2022, the Court of Appeal called for a change in the litigation culture in Ireland.
In the case of Duffy v McGee [2022], Mr Justice Collins noted that “many expert witnesses either fail to understand and/or fail to take seriously their duties”, adding that “far too frequently, expert witnesses appear to fundamentally misunderstand their role and wrongly regard themselves as advocates for the cause of the party by whom they have been retained.”
In my 20 years as a practising barrister, I saw it all the time.
Sometimes the expert produced by one side or the other was so notorious that during negotiations, opposing counsel would meet the report with, “I don’t even need to read that, I know exactly what it’s going to say.”
The Duffy case called this culture out.
No longer will courts tolerate experts who demonstrate a bias, or have a tendency to ignore their duties.
Mr Justice Collins mandated that “courts need to be forceful in policing the rules and in taking appropriate measures where those rules are not complied with”.
He even went so far as to say that in cases involving extreme expert transgressions, the legal team could be hit with a costs order against them directly.
So what has been the upshot of this?
Firstly, expert witness reports are being scrutinised in a way they previously were not.
Legal teams are looking for anything that can be used to frame an application to have the opposing expert’s evidence excluded, or at least to have less weight attached to it.
And when cases have advanced to oral evidence, some expert witnesses have found themselves facing an opening question of: “What are your duties as an expert witness?”
This didn’t happen before.
Outside the courtroom, the government in 2024 through its Interdepartmental Working Group on the Rising Cost of Health-Related Claims recommended that a panel of medical expert witnesses be set up which would be accessible to both plaintiffs and defendants, ensuring the kind of independence that the Court of Appeal had called for.
Throughout all this, a team of barristers with over 60 years’ combined litigation experience were developing The Expert Witness Site (TEWS) — a business which has at its core a mission to ensure legal practitioners can easily access independent experts of all disciplines.
TEWS sources expert witnesses for lawyers and is now widely used by plaintiff and defence legal teams alike. It also provides training for experts, to ensure they are fully informed as to their duties and responsibilities.
The Irish Hospital Consultants Association has collaborated with TEWS to ensure the development of a robust expert witness panel from its members. Other professions are likely to follow suit.
Undoubtedly, we are witnessing a changed legal landscape when it comes to expert witnesses.
It is more important than ever for litigators to ensure that any experts they engage fully understand, and are in a position to comply with, their duties.
Any failure to act on this can lead to the loss of the case, as well as to significant reputational and financial repercussions.
Visit expertwitnesssite.com
MOUNT-IT! Motorized Fireplace TV Wall Mount | Remote Control Electric Pull Down Mantel Mounting Bracket, Up to 77 Lbs Weight Capacity, Height Adjustable, Swivel, VESA 600x400 Compatible
$313.49 (as of April 6, 2026 02:30 GMT +00:00 - More infoProduct prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of this product.)
jaddsa Wireless Earbuds, ENC Noise Cancelling Sport Ear Buds with Multifunctional Touch Screen, Bluetooth 5.4 Headphones, 5 EQ Over-Ear Earbuds for Sports/Workout/Gym-Dark Blue
$39.99 (as of April 6, 2026 02:30 GMT +00:00 - More infoProduct prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of this product.)
Purina Friskies Party Pack’d with Flavors of Chicken, Liver and Turkey Crunchy Dry Cat Food - 3 lb. Bag
$5.29 (as of April 6, 2026 02:20 GMT +00:00 - More infoProduct prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of this product.)
HONEY CARE All-Absorb A26 Male Dog Wrap, 50 Count, Small
$16.19 (as of April 6, 2026 02:20 GMT +00:00 - More infoProduct prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on [relevant Amazon Site(s), as applicable] at the time of purchase will apply to the purchase of this product.)
Post Comment