Martin Burns looks at the impact of removing immunity from property expert witnesses
Last year the Supreme Court made a decision that shook the ground beneath the feet of many people who make a living out of helping courts and tribunals to comprehend complicated, technical, things. I am of course talking about expert witnesses.
The role of expert witnesses
The role of an expert witness is to help a court to understand things that are outside the realm of its knowledge and experience. The testimony of an expert does not bind a court, but simply adds technical detail to the evidential picture and helps a court to reach a fully informed decision.
Expert witnesses are employed frequently by parties in litigation. They are also instructed to act in arbitration, adjudication and other dispute resolution methods which are routinely used in the property and construction sectors. For many years experts have provided testimony safe in the knowledge that they could not be sued for breach of duty to those who pay their fees.
Removal of immunity
The decision in Jones
