header-logo header-logo

15 April 2010 / Roddy Macleod
Issue: 7413 / Categories: Features , Professional negligence
printer mail-detail

All change?

Roddy Macleod asks the question:to sue or not to sue?

Reading about the immunity of a witness from proceedings in respect of evidence given within those proceedings may well not be a headline grabber, especially as the origins of the rule go back to 1873. But following the case of Jones v Kaney [2010] EWHC 61 (QB), [2010] All ER (D) 131 (Jan) that could all change.

History of the law

The immunity of a witness from litigation in respect of evidence given in court was described as a fundamental rule of law by Lord Justice Simon Brown in Silcott v Metropolitan Police [1996] 8 Admin LR. Back in 1873 in Dawkins v Lord Rokeby 8 QB 225 Page 265 it was said: “…no action lies against a witness upon evidence given before court….” Over the years it is clear that the court has recognised immunity also in relation to things done or omitted to be done in the course of preparing for trial.

The basis of the immunity in respect of evidence given in

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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS

Family set expands with the formal integration of 4 Brick Court into 42BR Barristers

The Court of Appeal has issued a stern warning to lawyers engaging in the practice of ‘privilege hunting’—obtaining an opponent’s legally privileged information through dishonest means
Legal executives have given a lukewarm reception to the Legal Services Board’s (LSB’s) final report from its regulatory review into Mazur advice and guidance
A homeless single parent offered accommodation in Derby has lost her Supreme Court appeal against the London council making the offer
The Kingdom of Bahrain does not enjoy sovereign immunity from allegations it used surveillance software to spy on dissidents in the UK, the Supreme Court has held
back-to-top-scroll