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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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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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