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08 April 2022 / Mark Solon
Issue: 7974 / Categories: Features , Profession , Expert Witness
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Expert witness: The indisputable expert?

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A sigh of relief for expert witnesses: Mark Solon welcomes the High Court’s judgment in Radia v Marks
  • The High Court has dismissed a professional negligence claim against a medical expert, finding that the expert’s duty of care did not extend to protecting the claimant from the risk of an adverse credibility finding.

The 2011 Supreme Court case of Jones v Kaney [2011] UKSC 13, [2011] All ER (D) 346 (Mar) is rarely far from an expert’s mind, reversing 400 years of history by deciding that expert witnesses are not immune from being sued in both contract and negligence. However, experts may breathe a sigh of relief as the High Court in Radia v Marks [2022] EWHC 145 (QB), [2022] All ER (D) 92 (Jan) dismissed a claim against a medical expert who gave evidence as a joint expert in an employment tribunal case, highlighting the difficulties of successfully suing an expert for professional negligence.

What are the facts of this case?

In 2015, the claimant took his former

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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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