Duffy v Brendan McGee & Anor (Unapproved) [2022] IECA 254_2 (07 November 2022)

Duffy v Brendan McGee & Anor (Unapproved) [2022] IECA 254_2 (07 November 2022)

Expert evidence that lacks objectivity, impartiality, and independence is inadmissible; Dr Thompson's evidence demonstrated a wholesale abdication of his duties as an expert witness and was properly excluded. The appeal on both liability and quantum must be dismissed.

Citation
[2022] IECA 254_2
Parties
Plaintiff/respondent: Patrick Duffy; Plaintiff/respondent: Anita Duffy; Defendant/appellant: Brendan McGee t/a McGee Insulation Services; Defendant/appellant: GMS Insulations Limited
Jurisdiction
Ireland
Judgment Date
07 November 2022
Procedural Posture
Civil Appeal / Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Expert Evidence, Admissibility of Evidence, Objectivity and Impartiality of Expert Witnesses
Civil Procedure Evidence Expert Evidence Admissibility of Evidence Objectivity and Impartiality of Expert Witnesses

Case Brief

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Parties

Patrick Duffy

Plaintiff/respondent

Anita Duffy

Plaintiff/respondent

Brendan McGee t/a McGee Insulation Services

Defendant/appellant

GMS Insulations Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court

Legal Issues

  1. 1 Whether expert evidence lacking objectivity, impartiality, and independence should be excluded as inadmissible
  2. 2 Whether excessive recourse to expert evidence affects trial fairness and costs
  3. 3 Threshold for admissibility of expert evidence in Irish law

Ratio Decidendi

Expert evidence that lacks objectivity, impartiality, and independence is inadmissible; Dr Thompson's evidence demonstrated a wholesale abdication of his duties as an expert witness and was properly excluded. The appeal on both liability and quantum must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Dr Thompson's evidence excluded as inadmissible
  • Appeal dismissed in respect of liability and quantum