Mr Tom Hayes

Tom Hayes

Updates

Healthcare & Life Sciences

'Equality of arms' pervades High Court decision on exchange of expert evidence
Ireland | 30 September 2015

A recent High Court judgment clarifies a party's disclosure obligations where one party holds no expert reports. The court held that where the plaintiff has obtained expert evidence but the defendant has not, the plaintiff is obliged to disclose its expert reports to the defendant. However, the plaintiff must have supportive expert evidence in order to ground a claim for negligence against a medical practitioner.

Case dismissed because causation remains shrouded in mystery
Ireland | 16 July 2014

A plaintiff's claim for failing to establish negligence on the part of a prominent consultant orthopaedic surgeon has been dismissed. The court ruled that there was no evidence of negligence on the part of operating surgeon and therefore the case must be dismissed. Further, the plaintiff had failed to prove, "on the balance of probabilities", that his explanation of causation was correct.