UK Supreme Court abolishes 400 year rule

On considering an appeal from the High Court of Justice, by a majority of five to two, The Supreme Court recently overturned the 400 year old rule that an expert witness enjoyed immunity from any form of civil action arising from the evidence that he or she gave in the course of proceedings.

The facts

The issue, which arose in the recent case of Jones v Kaney was whether the act of preparing a joint witness statement is one in respect of which an expert witness enjoys immunity from suit. The issue arose out of a personal injuries action in which the appellant, Paul Jones, had been claiming damages for physical and psychiatric consequences arising from an accident in which he had been hit by a car.