Expert Witness Journal Issue 65 February 2026 - Flipbook - Page 66
three men, breaching “the most fundamental moral rule
in our society: you shall not kill”. The claimant’s actions
demonstrated the danger he posed to the public
and accordingly the public interest. The killing of
the men is unlawful conduct which engages the
illegality defence.
Mr. Paul Carmody
Use of Force Expert Witness
BA Hons ( Criminology), BTECH Level 4 Certificate Educational Training, HRDET Team
Leader and Lead Trainer, Managing Safety Trainer IOSH, TRIM Trauma Risk intervention
Management Practitioner
Paul Carmody is a use of force expert, and founder of Carmody Consultancy.
Did the defence apply in the case?
With 25 years of policing experience, he offers bespoke safety training and expert witness
consultancy in use of force, leveraging his expertise in high-risk operations and litigation. Paul
is also a First Aid Instructor – (Freelance) for ATACC Group (October 2025 – Present)
responsible for teaching police officers and staff the initial first aid package and their
refresher training covering all aspects of first aid
The next issue to consider is whether the defence
should apply to the present case, applying the
framework set out in Patel v Mirza [2016] UKSC 42.4
The Court considered:
1.
2.
3.
Carmody Consultancy supply bespoke training and expert consultation, ensuring
professionals are equipped with the skills, knowledge, and confidence to navigate complex
security challenges effectively including personal safety, and risk management.
The purpose of the prohibition: The
fundamental rule against killing exists to
preserve life, protect the public, deter unlawful
killing, and acknowledge wrongs done to victims.
Allowing the claim would create inconsistencies
damaging to the legal system’s integrity – for
example, compensating someone for lawful
detention ordered to protect the public.
Experience extends to high-risk detention, extradition operations, and civil litigation
assessments. Whether guiding frontline professionals or equipping corporate teams with vital
safety skills, his tailored approach ensures practical, effective learning.
As a subject matter Use of Force Expert Witness, Carmody Consultancy provide objective,
evidence-based analysis on force-related incidents. As lead trainer for GMP with
experience of instructed officers in personal safety, self-defence, and legal frameworks.
Working with officers across all levels—from civilian staff to firearms and counter-terrorism
teams. Playing a pivotal role in developing scenario-based training, now used by police
forces across the UK.
Producing concise, impartial reports assessing the appropriateness, legality, and
effectiveness of force used in specific cases. Also qualified to assess and give an opinion on
any use of force, whether it be the police, members of any profession or the public. Also
expertise in Trauma Risk Intervention Management (TRIM).
Other public policies: Whilst courts generally
should adjudicate civil wrongs, alternative
procedures such as inquests and public inquiries
are better suited to examining what went
wrong. The policy of maintaining legal system
integrity outweighed arguments for permitting
the claim.
Reports involves gathering evidence, analyzing tactical decision-making, and advising legal
teams on best practices. Qualified to give expert testimony in court, ensuring precise
interpretation of police actions within legal contexts. Carmody Consultancy, offer
professional, structured evaluations to assist legal professionals, law enforcement agencies,
and private clients in navigating complex use-of-force cases.
Email: info@carmody-consultancy.uk | Alternate Email: carmodyconsultancysme@outlook.com
Telephone: 07714 460 078 | Website: www.carmody-consultancy.uk
Proportionality: Given the utmost seriousness
of killing three men and the centrality of these
acts to all claimed losses, denying the claim was
a proportionate response.
Prof. John Quinlan
Signi昀椀cance
Consultant Orthopaedic Surgeon
The judgment establishes that the illegality defence
can bar civil claims even where the claimant has
been acquitted by reason of insanity. The Court
emphasised that criminal law distinctions between
conduct that results in criminal responsibility and
conduct that does not should not automatically
govern civil law, and that the coherence and integrity
of the legal system as a whole must be maintained.
MB, BCh, BAO (Hons.); AFRCSI; MCh;
FFSEM; FRCS (Tr. & Orth.)
Professor John Quinlan graduated from University College Dublin with MB, BCh,
BAO (Hons.) in 1997, receiving the Gallagher Medal in Orthopaedic Surgery.
After his internship in St. Vincent’s University Hospital, he entered the Dublin
Regional Basic Surgical Training Scheme, attaining his AFRCSI and subsequently
completing two years as a registrar before commencing Higher Surgical Training in
2002. He spent six years as an SpR, achieved FRCS (Tr & Orth.) in 2006, MFSEM
(UK) in 2007, and was awarded his CCST in 2008. He then undertook an
arthroplasty fellowship with Prof. Theis at the University of Otago before beginning
consultant practice in Waterford in 2009.
In 2013, Professor Quinlan joined Tallaght University Hospital as a Consultant
Orthopaedic Surgeon specialising in lower limb arthroplasty. He chaired the
Orthopaedic Trauma Department (2013–2016) and subsequently the Medical
Board (2018–2021). He has held academic appointments at Trinity College Dublin,
becoming Clinical Professor in 2022, and was elected to the Council of the Royal
College of Surgeons in Ireland that same year. He has provided expert witness
reports in nearly 200 lower limb arthroplasty cases.
Lord Hodge and Lord Lloyd-Jones delivered the
judgment, with which Lord Reed, Lady Rose and
Lady Simler agreed.
References
1
Civil proceedings against four defendants www.supremecourt.uk/cases/uksc-2024-0039
2
Mental health care or assessment - www.brownejacobson.
com/sectors/health/nhs-mental-health-and-communitytrusts
3
Claim in negligence - www.brownejacobson.com/services/
health-and-social-care-disputes/clinical-negligence
4
Patel v Mirza [2016] UKSC 42 www.caselaw.nationalarchives.gov.uk/
uksc/2016/42?query=Patel+Mirza+%5B2016%5D+UKSC+42
EXPERT WITNESS JOURNAL
Professor Quinlan’s MCh by research (2004) marked the beginning of a prolific
academic output, including over 120 peer-reviewed publications, more than 100
abstracts, and over 250 presentations delivered nationally and internationally. He
is a specialist editor with The Surgeon and has served as Clinical Lead for the Irish
National Orthopedic Register since 2024.
Teaching and surgical training are central to his career. He has been an
ATLS/EMST instructor and course director, former AO UK & Ireland President
(2021–2023), and President of the Irish Institute of Trauma and Orthopaedic
Surgery since 2021. He has examined multiple MCh and PhD theses and has
served as an external examiner for programmes in Edinburgh and Cork.
Email: office@jqortho.ie | Alternate Email: johnfquinlan@gmail.com
Telephone: +353 86 2287020
Area of work: Dublin, Ireland
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FEBRUARY 2026
