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
