From: Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>
To: Gideon Shirazi <gidons@gmail.com>
Gerard Sadlier <gerard.sadlier@gmail.com>
CC: obligations@uwo.ca
Date: 19/07/2016 07:41:17 UTC
Subject: Re: Is a Supportive Expert Report Required before a Professional Negligence Claim is Initiated in your Jurisdiction
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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Andrew Tettenborn
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