Will Australian experts remain immune from suit?

Jones v Kaney [2011] UKSC 13

Background

On 14 March 2001, the appellant was involved in a road traffic accident which left him with a number of physical and psychological injuries. The appellant instructed solicitors ('Kirwans') to act for him.

In May 2003, Kirwans instructed the respondent (a clinical psychologist) to examine the appellant and prepare a report in relation to the appellant's psychological condition. In her report, the respondent expressed the opinion that the appellant had suffered from post traumatic stress disorder ('PTSD').

In December 2004, Kirwans instructed the respondent to re-examine the appellant and prepare a second report. In the second report, the respondent concluded that whilst the appellant did not have all the symptoms to support a diagnosis of PTSD, he did have some PTSD symptoms and a depressive disorder.