Mark Solon advises how to get your expert out of bed
Experts must be feeling that it’s not worth coming out from under the duvet because of recent developments in the field. Experts are now liable in negligence and for breach of contract since the decision in Jones v Kaney [2011] UKSC 13, [2011] 2 All ER 671, and now fees in publicly funded cases are to be capped from next Monday. Perhaps experts should stick with the day job.
Contractual position
What can instructing solicitors do to help? Let’s start with the contractual position. A client instructs a solicitor to conduct litigation on their behalf and if an issue arises requiring expert opinion evidence, the solicitor will generally contract with an appropriate expert and charge for the fee as a disbursement that will eventually be paid by the client or through legal aid.
Instructing an expert is no longer a risk-free activity. The Jones decision may well have implications for the relationship between solicitor and expert. Clearly the solicitor will want to avoid liability for any inadequacies of the expert, so must
