header-logo header-logo

10 May 2024 / Sophia Purkis
Issue: 8070 / Categories: Features , Profession , In Court , Defamation
printer mail-detail

Lawyers & witnesses: immunity from suit

171868
A recent case highlights the importance of immunity from suit, writes Sophia Purkis
  • Lawyers’ and witnesses’ immunity from suit from opposing parties is fundamental to our justice system.
  • Pleading fraud won’t circumvent the principle.
  • However, lawyers and witnesses may still face criminal and/or regulatory sanction if they lie to or mislead the court.

A judgment may be set aside if it were procured by fraud. However, if it is alleged that counsel and solicitors for the allegedly fraudulent party were involved in that fraud, does this prevent the lawyers from being able to rely upon the principle of immunity from suit? No, said Mr Justice Fancourt in El Haddad v Al Rostamani and others [2024] EWHC 448 (Ch), [2024] All ER (D) 43 (Mar).

El Haddad explained

The origins of immunity from suit lie in the attempt to prevent disgruntled defendants in criminal proceedings from bringing defamation claims against those who gave evidence against them. It was extended to all who took part in legal proceedings, including lawyers, judges and jurors in Dawkins v Lord Rokeby

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