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23 September 2010 / Dr Chris Pamplin
Issue: 7434 / Categories: Features , Expert Witness , Profession
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Time to jump?

Is the end in sight for expert witness immunity? Dr Chris Pamplin considers the evidence

A leapfrog certificate has once again brought the issue of expert witness immunity under the spotlight. Early next year, the Supreme Court will hear an appeal in Jones v Kaney [2010] EWHC 61 (QB), [2010] 2 All ER 649 on whether expert witness immunity should remain.

As a matter of public policy, all witnesses in legal proceedings are protected from claims for damages resulting from anything said or done in court. The policy justification for this immunity is not to provide a benefit to the witness, but to help the courts reach just decisions by encouraging witnesses to express themselves freely. It was given classic expression by Salmon J in Marrinan v Vibart [1963] 1 QB 234, [1962] 1 All ER 869:

“This immunity exists for the benefit of the public, since the administration of justice would be greatly impeded if witnesses were to be in fear that any disgruntled and possibly impecunious persons against whom they

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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