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24 March 2011 / Clare Arthurs , Emma Sparshott
Issue: 7458 / Categories: Features , Expert Witness , Profession
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A shot in the arm?

Emma Sparshott & Clare Arthurs investigate the blanket of expert immunity

As matters currently stand, expert witnesses in civil proceedings are immune from being sued in respect of any oral evidence given in court and the contents of the reports which they are instructed to produce.

Recently, however, this immunity has been challenged in the Supreme Court. In Jones v Kaney [2010] EWHC 61, an expert witness claimed immunity as a defence to a claim for professional negligence. Mr Jones alleged that Dr Kaney’s conduct in signing a joint statement which contradicted her earlier statements resulted in the case being settled for a significantly reduced sum.

The judge in Jones was bound by a Court of Appeal authority to strike out the claim. Stanton v Callaghan [1998] EWCA Civ 1176, provides absolute immunity from suit to witnesses of fact, including experts. However, Blake J granted Mr Jones a leapfrog certificate to the Supreme Court on two grounds: that a blanket policy of immunity for all expert witnesses may be too broad to be sustainable, and that denying Mr Jones

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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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