The High Court ruled that an expert whose report had been prepared for a Circuit Court family law case could be called to give evidence in the appeal. The decision addressed the admissibility of Dr. L’s evidence; it did not decide the underlying relocation issue.
The ex tempore judgment was delivered by Mr Justice Jordan on 27 February 2020 in an appeal involving a minor. The appellant proposed to call Dr. L shortly before the appeal hearing. The respondent objected, arguing that her evidence was fresh and would put him at a disadvantage.
The dispute arose after Dr. L’s report referred to emails, medical notes and other materials supplied by the parties. The respondent’s solicitors said their client had not supplied or seen those documents and had no opportunity to comment on them. The appellant’s solicitors later listed nine categories of documents provided to Dr. L. The parties then agreed that Dr. L would leave the appointment and Mr. F would replace her. Dr. L did not give evidence in the Circuit Court, although she had completed a report.
Justice Jordan distinguished appeals from the Circuit Court to the High Court from appeals between superior courts. He said that, where oral evidence was given in the Circuit Court, the appeal was heard afresh, with both sides and their witnesses. He found no authority showing that the proposed evidence should be excluded in this type of appeal.
The court held that Dr. L’s evidence was relevant and admissible, and that the appellant could call her. The respondent remained entitled to cross-examine her. The judge said the child welfare assessment made it wrong to exclude the evidence.
The ruling also raised whether Dr. L and Mr. F should discuss their opinions before giving evidence and whether either or both experts should review their reports. After hearing submissions, the court answered yes to the discussion and no to a review. The source says the hearing later concluded following an adjournment and that a separate judgment was issued, with its citation still to be assigned.