O'Leary v Mercy University Hospital Cork Ltd [2019] IESC 48 (31 May 2019)

O'Leary v Mercy University Hospital Cork Ltd [2019] IESC 48 (31 May 2019)

The appellant failed to establish that the size or nature of the expert witnesses' fees, or the provision of overnight transcripts, created a conflict of interest or objective bias sufficient to render their evidence inadmissible or of little weight. There was no evidence that the expert testimony was anything other than independent and objective, nor that the trial was rendered unsatisfactory. The objective bias test does not apply to expert witnesses in the same way as to judges. The appeal was dismissed.

Citation
[2019] IESC 48
Parties
Plaintiff/appellant: Denis O'Leary; Defendant/respondent: Mercy University Hospital Cork Limited; Defendant/respondent: Khalid M. Ali Chiad Al-Safi
Jurisdiction
Ireland
Judgment Date
31 May 2019
Procedural Posture
Medical Negligence Appeal / Supreme Court Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Expert Witness Impartiality, Conflict of Interest, Objective Bias, Litigation Costs, Admissibility of Evidence
Medical Negligence Evidence Law Civil Procedure Expert Witness Impartiality Conflict of Interest Objective Bias Litigation Costs Admissibility of Evidence

Case Brief

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Parties

Denis O'Leary

Plaintiff/appellant

Mercy University Hospital Cork Limited

Defendant/respondent

Khalid M. Ali Chiad Al-Safi

Defendant/respondent

Procedural Posture

Medical Negligence Appeal / Supreme Court Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the level of remuneration paid to respondents' expert witnesses created a conflict of interest or objective bias rendering their evidence inadmissible or of little weight
  2. 2 Whether provision of overnight transcripts to expert witnesses compromised their independence
  3. 3 Whether the trial was rendered unsatisfactory due to alleged lack of independence of expert witnesses

Ratio Decidendi

The appellant failed to establish that the size or nature of the expert witnesses' fees, or the provision of overnight transcripts, created a conflict of interest or objective bias sufficient to render their evidence inadmissible or of little weight. There was no evidence that the expert testimony was anything other than independent and objective, nor that the trial was rendered unsatisfactory. The objective bias test does not apply to expert witnesses in the same way as to judges. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Decision of the Court of Appeal upheld
  • No plenary hearing warranted