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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
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