|
Expert witnesses no longer enjoy immunity from suit for negligence when instructed in legal proceedings. On 30 March 2011 the Supreme Court, presiding over the case of Jones v Kaney, abolished the principle of expert witness immunity from suit which experts have enjoyed for over 400 years.
The case of Jones v Kaney came before the Supreme Court after the appellant, Jones, had her negligence claim against Kaney (a clinical psychologist) struck out at an earlier hearing because the judge had held that Kaney had immunity as an expert. Jones had been in a road traffic accident and subsequently brought a claim for personal injury. Kaney had been instructed as an expert witness by Jones’ lawyers. Following a telephone discussion with the defendant’s expert witness, Kaney changed her original statement and signed a joint statement with the other expert which subsequently damaged Jones’ claim.
The Supreme Court held that expert witnesses could no longer enjoy such immunity. They dismissed the idea that their decision could deter very competent professionals from conducting expert witness work or that there could be a surge of claims from dissatisfied litigants against experts.
Legal commentators agree that professional indemnity insurance premiums are likely to increase for expert witnesses and this could have serious implications to many ACE members who conduct expert witness work. ACE is currently consulting with its legal and insurance affiliates and will issue guidance on the implications of this ruling very shortly.
If you have any questions or would like more information please contact Sharon Akumiah, ACE’s senior legal assistant, at sakumiah@acenet.co.uk.
|