Goodbye expert witness immunity, hello higher insurance premiums, says Penny Cooper
There is no doubt about it, Jones v Kaney is a landmark decision.
By a majority of 5-2 the Supreme Court abolished expert witnesses’ immunity from being sued by their clients ([2011] UKSC 13, [2011] All ER (D) 346 (Mar)). Not since the introduction of CPR 35 have we seen such a fundamental change in the law for expert witnesses.
Jones is about a claimant (Jones) who suffered injuries in a road traffic accident and settled his case following a joint statement signed by experts. Unfortunately Jones’s expert, Dr Kaney, had signed the joint statement even though it did not accurately reflect her views. Jones sued Kaney alleging she had been negligent in signing the statement and had thereby forced him to settle for less than he would otherwise have received. Kaney claimed immunity from suit.
After considering the legal authorities the president of the Supreme Court, Lord Phillips summarised the key issues as follows:
- What are the purposes of the immunity?
- What
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