header-logo header-logo

03 November 2011 / Anton van Dellen
Issue: 7488 / Categories: Features , Expert Witness , Child law , Profession , Insurance / reinsurance
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll