O'Keefe v. Kilcullen [2001] IESC 84 (23 October 2001)

O'Keefe v. Kilcullen [2001] IESC 84 (23 October 2001)

An expert witness appointed by the court is immune from suit in respect of evidence given in court and in preparation for court proceedings, unless there is flagrant abuse or malicious conduct. Mrs O’Keefe’s claim against Dr Casey discloses no reasonable cause of action as Dr Casey’s actions were within the scope of her immunity as a witness.

Citation
[2001] IESC 84
Parties
Plaintiff/appellant: Eileen O’Keefe; Defendant/respondent: Dr Patricia Casey; Defendants: First and Secondly Named Defendants (Solicitor and Barrister); Defendants: Fourthly and Fifthly Named Defendants (Employers of Dr Casey)
Jurisdiction
Ireland
Judgment Date
23 October 2001
Procedural Posture
Appeal From High Court Order Striking Out Claim / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Witness Immunity, Expert Evidence, Negligence, Public Policy, Access to Courts
Tort Law Civil Procedure Constitutional Law Witness Immunity Expert Evidence Negligence Public Policy Access to Courts

Case Brief

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Parties

Eileen O’Keefe

Plaintiff/appellant

Dr Patricia Casey

Defendant/respondent

First and Secondly Named Defendants (Solicitor and Barrister)

Defendants

Fourthly and Fifthly Named Defendants (Employers of Dr Casey)

Defendants

Procedural Posture

Appeal From High Court Order Striking Out Claim / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether an expert witness is immune from suit in respect of evidence given in court or in preparation for court
  2. 2 Whether the immunity extends to alleged negligence in the preparation of expert reports for court proceedings

Ratio Decidendi

An expert witness appointed by the court is immune from suit in respect of evidence given in court and in preparation for court proceedings, unless there is flagrant abuse or malicious conduct. Mrs O’Keefe’s claim against Dr Casey discloses no reasonable cause of action as Dr Casey’s actions were within the scope of her immunity as a witness.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed against Dr Casey
  • Court to hear parties on consequential orders to give effect to the result