Speaking at the La Touche Training Expert Witness Conference today, Mr. Simon Mills B.L., called for Ireland to follow England’s lead and abolish expert witness immunity.
He argued that “there are strong arguments for following the English lead and abolishing the immunity that expert witnesses have from being sued by their clients. In Irish law, an expert who gives evidence on behalf of a client in a legal case cannot be sued if that evidence is shown to be deficient. A recent English case abolished the immunity and I would argue that the same steps should be taken here. ”
He continued by calling for redress to be available should such the case arise “where expert witnesses let themselves, the court or their clients down”.
In the next issue of the PAI Journal, out tomorrow, Cassandra Byrne & Jarlath Heneghan, both from William Fry Projects & Construction Department, question whether expert witnesses are under siege.