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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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NLJ Career Profile: John McElroy, London Solicitors Litigation Association

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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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