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10 May 2024 / Sophia Purkis
Issue: 8070 / Categories: Features , Profession , In Court , Defamation
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Lawyers & witnesses: immunity from suit

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A recent case highlights the importance of immunity from suit, writes Sophia Purkis
  • Lawyers’ and witnesses’ immunity from suit from opposing parties is fundamental to our justice system.
  • Pleading fraud won’t circumvent the principle.
  • However, lawyers and witnesses may still face criminal and/or regulatory sanction if they lie to or mislead the court.

A judgment may be set aside if it were procured by fraud. However, if it is alleged that counsel and solicitors for the allegedly fraudulent party were involved in that fraud, does this prevent the lawyers from being able to rely upon the principle of immunity from suit? No, said Mr Justice Fancourt in El Haddad v Al Rostamani and others [2024] EWHC 448 (Ch), [2024] All ER (D) 43 (Mar).

El Haddad explained

The origins of immunity from suit lie in the attempt to prevent disgruntled defendants in criminal proceedings from bringing defamation claims against those who gave evidence against them. It was extended to all who took part in legal proceedings, including

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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