Court rejects claims over €5k-a-day witness

A €5,000-a-day fee paid to a medical consultant for giving evidence in court — which it was claimed was “egregiously excessive” — did not mean he lacked independence or impartiality, the Court of Appeal has found.

Assertions that an expert witness who is paid a larger fee than those in other cases is likely to be less independent must be backed up with expert evidence to that effect and can not be just “bald assertions”, the court said.

The court made the comments when dismissing an appeal yesterday brought on behalf of a teenage boy who claimed a €50,000 High Court award was inadequate compensation as a result of surgery which left him with a condition that caused bed wetting and post-traumatic stress.