'Equality Of Arms' Concept Pervades High Court Decision On The Exchange Of Expert Evidence
The recent High Court judgment in Harrington v Cork City Council and Cork County Council1 clarified a party's disclosure obligations where one party does not hold any expert reports.
The court held where the plaintiff has obtained expert evidence but the defendant has not, the plaintiff is still under an obligation to disclose it's expert reports to the defendant under the disclosure rules, provided the defendant gives an undertaking not to send copies of the reports to their own experts when instructed. This rule applies to both parties in proceedings, however it must be noted that in accordance with the principles of Cooke v Cronin2, the plaintiff must have supportive expert evidence in order to ground a claim for negligence against a medical practitioner.
The case confirms the principles of disclosure of expert evidence in a personal injuries action, as set out in the Rules of the Superior Courts. In making their decision, the court relied on the Supreme Court judgment of Kincaid v Aer Lingus Teoranta3, which found that the exchange of expert evidence should be simultaneous, so as to avoid an abuse of process where one party may gain an advantage over the other. This was coupled with the courts reliance on the concept of an "equality...
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