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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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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