Expert Witness Immunity Removed

As anticipated in our previous Law Now click here the Supreme Court in Jones -v- Kaney has abolished the principle of expert witness immunity from suit in relation to evidence given in civil proceedings.  This was a 5 to 2 majority decision handed down on 30 March 2011.  The ruling is significant for those who undertake work as expert witnesses, who may now be sued by their clients for breaches of duty committed in the course of all work that they undertake.  Previously, the immunity protected experts in relation to work undertaken in proximity to court hearings.  The practical impact of the decision remains to be seen.  It is certainly likely to lead to upward pressure on professional indemnity premiums for expert work.  Whether it will lead to a surge in satellite litigation when disappointed litigants turn to their former experts to recoup losses is a matter of speculation.  We predict that such cases will be relatively rare.  We also consider that the