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03 November 2011 / Anton van Dellen
Issue: 7488 / Categories: Features , Expert Witness , Child law , Profession , Insurance / reinsurance
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The aftershock

Anton van Dellen surveys the damage following the removal of expert witness immunity in Jones v Kaney

One of the reasons given for the Supreme Court’s removal of expert witness immunity from being sued for negligence in Jones v Kaney [2011] UKSC 13, [2011] 2 All ER 671 was that a direct parallel could be drawn with barristers (Lord Phillips at [46-50]). Immunity from liability in negligence for barristers had been removed in Hall v Simons [2002] 1 AC 615, [2000] 3 All ER 673.

Lord Phillips went on to note (at [59]) that he doubted whether removal of expert witness immunity would lead to a proliferation of vexatious claims and that he was not aware that barristers had experienced a flood of such claims from disappointed litigants. Yet, in even the short period of seven months since the Supreme Court’s decision, case law from the Court of Appeal has demonstrated that the Supreme Court’s decision is playing a significant part in the Court of Appeal’s reasoning. 

Court of Appeal case

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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