header-logo header-logo

27 January 2011 / Isabel West
Issue: 7450 / Categories: Features , Expert Witness , Profession
printer mail-detail

The shield of protection

Expert witness immunity: will it stay or will it go? Isabel West reports

Currently, expert witnesses enjoy blanket immunity from civil liability in relation to oral evidence given in court, and work done preliminary to giving that evidence, such as the writing of a report. They are not immune in relation to advice given to a client about the merits of a case, especially if proceedings have not been commenced.

This position is being challenged in the case of Jones v Kaney [2010] EWHC 61, [2010] 2 All ER 649, in which an expert witness claimed immunity as a defence to a claim from a former client, who claimed that the expert’s conduct in signing a joint statement that contradicted earlier statements she had made amounted to negligence. The case was heard earlier this month by the Supreme Court and judgment is expected in the spring.

Clearly, there are arguments for and against the survival of immunity.

Pros

  • To enable the expert to give truthful and fair evidence, without fear of allegations
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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll