Expert witness immunity: will it stay or will it go? Isabel West reports
Currently, expert witnesses enjoy blanket immunity from civil liability in relation to oral evidence given in court, and work done preliminary to giving that evidence, such as the writing of a report. They are not immune in relation to advice given to a client about the merits of a case, especially if proceedings have not been commenced.
This position is being challenged in the case of Jones v Kaney [2010] EWHC 61, [2010] 2 All ER 649, in which an expert witness claimed immunity as a defence to a claim from a former client, who claimed that the expert’s conduct in signing a joint statement that contradicted earlier statements she had made amounted to negligence. The case was heard earlier this month by the Supreme Court and judgment is expected in the spring.
Clearly, there are arguments for and against the survival of immunity.
Pros
- To enable the expert to give truthful and fair evidence, without fear of allegations of negligence: Stanton v Callaghan [1999] 2 WLR 745, [1998]
