Action—Expert witnesses—Immunity from suit

Supreme Court, Lord Phillips P, Lord Hope DP, Lady Hale, Lord Brown, Lord Collins, Lord Kerr and Lord Dyson, 30 Mar 2011

The immunity from suit for breach of duty that expert witnesses have enjoyed in relation to their participation in legal proceedings should be abolished; that does not extend to the absolute privilege in respect of claims in defamation, nor does it undermine the immunity of other witnesses in respect of litigation.

Roger Ter Haar QC and Daniel Shapiro (instructed by Hill Dickinson LLP) for the claimant. Patrick Lawrence QC and Charles Phipps (instructed by Berrymans Lace Mawer LLP) for the defendant.

The claimant brought proceedings for personal injury. The defendant, a clinical psychologist, was instructed as an expert witness for the purposes of that litigation. The claimant considered that the defendant had carried out that task negligently and that, as a result, he had had to settle the claim for a significantly lower sum than he might otherwise have obtained.