Ireland and Europe Geographic Expertise

The Four Courts, Dublin

The Republic of Ireland

Since achieving independence in 1921, the Irish legal system although closely allied to the one found in England & Wales, is entirely separate and has subsequently evolved in its own direction. However although some of the law may be different the harmonisation of the European Financial Regulatory systems has meant that many of the principles and laws concerning financial disputes are very similar.

The main court location is in Dublin and is on the northern bank of the River Liffey in austere buildings called the Four Courts and which date back to the days before independence. The Four Courts is the location of the Supreme Court, the Court of Appeal, the High Court and the Dublin Circuit Court. Since 2010 all criminal trials have been transferred to new courts near Phoenix Park.

Expert Evidence has been involved in a many Republic of Ireland disputes both civil and criminal. Our Experts have also appeared in trials in the Four Courts as Expert Witnesses and are continually consulted by Irish lawyers on financial cases. Probably the most acclaimed case was John Spencer -v- Irish Bank Resolution Corporation Limited (In Special Liquidation) and Stapleford Finance Limited. (Irish Case).

Ireland does not have any formal rules governing the conduct of Expert Witnesses, even though it has an established basis on which expert evidence is given. It is anticipated that they will institute their own rules before too long.

Ireland continues to follow the path of using the common law system which is different in principle to the civil code followed elsewhere in Europe.

The Court of Causation, Rome

Europe

The 27 countries which make up the European Union all have their own legal systems but they are broadly similar in that they all follow the civil law system. This is different to common law in that it is less adversarial and more based on enquiry. As a result experts are normally appointed by the Judge or Magistrate rather than the parties as is common in the UK and Ireland.

The rules governing experts in Europe and the code of ethics and conduct was written by the European Expertise and Experts Institute (‘EEEI’) under the European Guide for Legal Expertise (‘EGLE’) project financed by the European Parliament. Dr Thomas Walford, CEO of Expert Evidence, was part of the final panel which published these rules which have now been established in many European jurisdictions and languages. Copies of these rules are available from the EEEI Rules.

Expert Evidence continues to be involved in the consideration of cases in many of the European Legal Jurisdictions and is a member of Landelijk Register van Gerechtelijke Deskundigen (translation is National Register of Judicial Experts (‘LRGD’) in Holland.

Primary cases include:

  • John Spencer v IBRC and Stapleford, Irish High Court Commercial (Dublin) No. 2011/8150P 2015

Expert Evidence prides itself on assisting throughout the legal process where required and is a professional firm concentrating on the four main areas of dispute resolution; acting as expert witnesses in financial litigation, mediation, arbitration and adjudication. The firm has a civil, criminal and international practice and has advised in many recent cases. Areas of specialisation include banking, lending, regulation, investment, and tax.

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Disclaimer – Please confirm any of the above views with your solicitor. Expert Evidence takes no responsibility or provides any guarantee that the views above are correct for your particular case or jurisdiction.