header-logo header-logo

Call yourself an expert?

19 May 2011 / Penny Cooper
Issue: 7466 / Categories: Features , Expert Witness , Profession
printer mail-detail

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll