The Law Reform Commission (the "LRC")
recently sought submissions on their Consultation Paper on Expert
Evidence. A number of topics relating to expert witnesses
were considered by the LRC, an important one being whether immunity
from suit, which is currently afforded to expert witnesses in this
jurisdiction, should be retained.
In Ireland, expert witnesses enjoy immunity from suit in relation
to opinions given by them in the context of litigation. The
rationale underpinning this rule is to ensure that experts give
full and complete evidence, without a fear of liability. This
was considered by the LRC as being particularly relevant in this
jurisdiction, given the relatively small pool of local experts in
any one field. The LRC suggested that anything which may
discourage an individual from acting as an expert was to be
avoided.
