09 June 2022 Simon Berney-Edwards 2547 News An issue for the court to determine, not a planning consultant. bySimon Berney-Edwards A recent case in Northern Ireland’s High Court has seen lawyers criticised for the inclusion of non-compliant evidence. At the heart of this was an expert witness who stated that the planning permission for a GAA stadium in Casement Park, Belfast, was “unlawful”. Mr Justice Michael Humphreys made the remarks after rejecting several grounds of challenge. He noted that this was an issue which was “demonstrably for the court to determine, not a planning consultant”. This language demonstrated a “complete lack of understanding of the role of an expert witness in our legal system”. The court commented: “Solicitors and counsel owe obligations to the court to ensure the proper administration of justice and affidavits of this nature should never have been filed.” Simon Berney-Edwards, EWI Chief Executive Officer, said “This is another timely reminder that the Expert’s role is to provide their expert opinion based on the facts. They are not permitted to usurp the role of the court in deciding disputed facts and ultimate issues.” Share Print Tags 05. Rules and Regulations Related articles Is it within the remit of an expert to decide which witness of fact they believe or disbelieve? The dangers of a considerable burden of expert work Preliminary (pre-report) experts’ meetings Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat) Steven Wilson v Ministry of Justice [2024] EWHC 2389 (KB) Switch article R v Nijhawan [2022] EWCA Crim 10 Previous Article S (Vulnerable Party: Fairness of Proceedings) [2022] EWCA Civ 8 Next Article Comments are only visible to subscribers.