Mark Solon examines the possible fallout of the abolition of expert witness immunity
The Supreme Court’s decision in Jones v Kaney [2011] UKSC 13, [2011] All ER (D) 346 (Mar) ends expert witness immunity. The majority of the court held that immunity from suit for breach of duty (whether in contract or in negligence) that expert witnesses have enjoyed in relation to their participation in legal proceedings should be abolished. Standards of expert evidence should improve now witnesses have the spur of potential litigation. All experts must make sure they do a thorough job and I hope this judgment marks the end of the amateur expert.
Lord Phillips
Lord Phillips concluded that no justification had been shown for continuing to hold expert witnesses immune from suit in relation to the evidence they give in court or for the views they express in anticipation of court proceedings.
He added: “It follows that I consider that the immunity from suit for breach of duty that expert witnesses have enjoyed in relation to their participation
