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27 January 2011 / Isabel West
Issue: 7450 / Categories: Features , Expert Witness , Profession
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The shield of protection

Expert witness immunity: will it stay or will it go? Isabel West reports

Currently, expert witnesses enjoy blanket immunity from civil liability in relation to oral evidence given in court, and work done preliminary to giving that evidence, such as the writing of a report. They are not immune in relation to advice given to a client about the merits of a case, especially if proceedings have not been commenced.

This position is being challenged in the case of Jones v Kaney [2010] EWHC 61, [2010] 2 All ER 649, in which an expert witness claimed immunity as a defence to a claim from a former client, who claimed that the expert’s conduct in signing a joint statement that contradicted earlier statements she had made amounted to negligence. The case was heard earlier this month by the Supreme Court and judgment is expected in the spring.

Clearly, there are arguments for and against the survival of immunity.

Pros

  • To enable the expert to give truthful and fair evidence, without fear of allegations of negligence: Stanton v Callaghan [1999] 2 WLR 745, [1998]
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Gateley Legal—Jack Kelly

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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
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