header-logo header-logo

08 April 2022 / Mark Solon
Issue: 7974 / Categories: Features , Profession , Expert Witness
printer mail-detail

Expert witness: The indisputable expert?

77734
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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll