A sigh of relief for expert witnesses: Mark Solon welcomes the High Court’s judgment in Radia v Marks
- The High Court has dismissed a professional negligence claim against a medical expert, finding that the expert’s duty of care did not extend to protecting the claimant from the risk of an adverse credibility finding.
The 2011 Supreme Court case of Jones v Kaney [2011] UKSC 13, [2011] All ER (D) 346 (Mar) is rarely far from an expert’s mind, reversing 400 years of history by deciding that expert witnesses are not immune from being sued in both contract and negligence. However, experts may breathe a sigh of relief as the High Court in Radia v Marks [2022] EWHC 145 (QB), [2022] All ER (D) 92 (Jan) dismissed a claim against a medical expert who gave evidence as a joint expert in an employment tribunal case, highlighting the difficulties of successfully suing an expert for professional negligence.
What are the facts of this case?
In 2015, the claimant took his former employer to the employment tribunal on the grounds of discrimination, harassment,
