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24 March 2011 / Clare Arthurs , Emma Sparshott
Issue: 7458 / Categories: Features , Expert Witness , Profession
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A shot in the arm?

Emma Sparshott & Clare Arthurs investigate the blanket of expert immunity

As matters currently stand, expert witnesses in civil proceedings are immune from being sued in respect of any oral evidence given in court and the contents of the reports which they are instructed to produce.

Recently, however, this immunity has been challenged in the Supreme Court. In Jones v Kaney [2010] EWHC 61, an expert witness claimed immunity as a defence to a claim for professional negligence. Mr Jones alleged that Dr Kaney’s conduct in signing a joint statement which contradicted her earlier statements resulted in the case being settled for a significantly reduced sum.

The judge in Jones was bound by a Court of Appeal authority to strike out the claim. Stanton v Callaghan [1998] EWCA Civ 1176, provides absolute immunity from suit to witnesses of fact, including experts. However, Blake J granted Mr Jones a leapfrog certificate to the Supreme Court on two grounds: that a blanket policy of immunity for all expert witnesses may be

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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