The reporting of the Twomey judgment by
Some of the most serious commentary in Mr
The role of expert witnesses has been discussed ad nauseum throughout the current insurance reform process, but any suggestion that
'Legal advice received by the
It is a fascinating observation of the entire Cost of
The Twomey judgment explicitly shows the limits of the 'adversarial expert witness system' which has been defended by Irish jurists as a cornerstone of our justice system. The failings in this case clearly outweigh the advantages of adversarial expert witnesses.
This is not news.
The Twomey judgment also raises issues for the conduct of insurers defending exaggerated and fraudulent claims. While the insurer is to be congratulated and commended for mounting a full defence in the O'Connell -v- Martin case in both the Circuit and High Courts, it is important for us to know:
* Has the insurer registered its judgment for costs against
* Has the insurer instructed its lawyers to pursue
* Has the insurer referred the case, and their own internal investigation, to the Garda Divisional Chief Superintendent in Limerick for criminal investigation?
* In the event that the insurer has referred the case to the Gardai, and the latter has decided not to proceed, has the insurer considered mounting a private prosecution of
* Has the insurer made complaints to the relevant professional regulators about the conduct of the solicitor, barrister and medical consultant in this case?
Unless insurers take aggressive action against exaggerated and fraudulent claimants, we will not see an end to such claims. Insurers are duty-bound to follow every line of remedy available to them in tackling criminal behaviour. It is also incumbent upon the authorities to ensure our civil litigation system is run in a just and fair manner. Mr
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- Serious peripheral issues with the current insurance reform process raised.
- Twomey judgment shows the failures of the adversarial expert witness system.
- Experts deliver evidence their party wants, not evidence that is impartial, factual and truthful.
- The Twomey judgment also raises issues for the conduct of insurers defending exaggerated and fraudulent claims.
- ISME hopes