From: HOGG Martin <Martin.Hogg@ed.ac.uk>
To: Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>
CC: Gideon Shirazi <gidons@gmail.com>
Gerard Sadlier <gerard.sadlier@gmail.com>
obligations@uwo.ca
Date: 19/07/2016 08:11:04 UTC
Subject: Re: Is a Supportive Expert Report Required before a Professional Negligence Claim is Initiated in your Jurisdiction
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Edinburgh University charitable status
Dear Ger,

I wasn't aware of this Irish rule. From an outsider's point of view, one potential problem with it strikes me (but perhaps you can allay my fears): is there not a danger that it might stifle development of negligence claims? If, for instance, it had been a requirement to launch the claim in White v Jones, it might have been hard to have found a solicitor who supported that action, (a) because it would have been supporting a widening of liability for all in the procession, including the party writing the supportive report, and (b) because, given that such liability had not hitherto existed, how could it be "supported"? Without the necessary support, the law would never have been developed by the courts (for good or ill, depending on one's view of White v Jones) as the claim couldn't have been brought. Perhaps I'm missing something here, but the danger of a profession "protecting their own" makes me somewhat suspicious of the Irish requirement.

Best wishes,

Martin 

Martin Hogg
Edinburgh Law School

Sent from my iPad

On 19 Jul 2016, at 8:42 am, Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk> wrote:

There's a slight difference, isn't there? In Ireland, if I understand Ger correctly, the action can't be started at all without the relevant statement. In England, the requirement of an expert statement goes to pleading -- i.e. comes in at a later stage. Or have I misconstrued the situation on the other side of the Irish Sea?

Andrew

On 18/07/16 22:43, Gideon Shirazi wrote:
Dear Gerard

A similar rule exists in England and Wales (except in solicitors' negligence cases): see Pantelli v Corp City Developments [2010] EWHC 3189 (TCC), although it does not apply in every situation: see ACD v Overall [2012] EWHC 100 (TCC).

Best wishes
Gideon

On 18 July 2016 at 20:36, Gerard Sadlier <gerard.sadlier@gmail.com> wrote:
Dear all,

As some of you know, I am based in Ireland.

In this jurisdiction, before a claim for professional negligence
against say a solicitor, doctor etc. may be initiated, a report from
an expert in the professional discipline in question must be obtained
which supports the claim. An exception arises where the Statute of
Limitations is about to expire. In those circumstances, proceedings
may be initiated to save the claim but should not be served unless and
until a supportive expert report is obtained.

I wondered if this is the position in other jurisdictions and if there
is any law on the subject to which you could point me?

I should say, if only to forestall the understandable reaction to the
above, that the practical advantages of having supportive expert
evidence for trial in most cases are obvious.

Many thanks.

Kind regards

Ger


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