header-logo header-logo

All change?

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll