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19 May 2011 / Penny Cooper
Issue: 7466 / Categories: Features , Expert Witness , Profession
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Call yourself an expert?

Goodbye expert witness immunity, hello higher insurance premiums, says Penny Cooper

There is no doubt about it, Jones v Kaney is a landmark decision.
By a majority of 5-2 the Supreme Court abolished expert witnesses’ immunity from being sued by their clients ([2011] UKSC 13, [2011] All ER (D) 346 (Mar)). Not since the introduction of CPR 35 have we seen such a fundamental change in the law for expert witnesses. 

Jones is about a claimant (Jones) who suffered injuries in a road traffic accident and settled his case following a joint statement signed by experts. Unfortunately Jones’s expert, Dr Kaney, had signed the joint statement even though it did not accurately reflect her views. Jones sued Kaney alleging she had been negligent in signing the statement and had thereby forced him to settle for less than he would otherwise have received. Kaney claimed immunity from suit.

After considering the legal authorities the president of the Supreme Court, Lord Phillips summarised the key issues as follows:

  • What are the purposes of the immunity? 
  • What is the scope of the immunity?
  • Has the immunity
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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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