header-logo header-logo

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

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
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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll