header-logo header-logo

All change?

15 April 2010 / Roddy Macleod
Issue: 7413 / Categories: Features , Professional negligence
printer mail-detail

Roddy Macleod asks the question:to sue or not to sue?

Reading about the immunity of a witness from proceedings in respect of evidence given within those proceedings may well not be a headline grabber, especially as the origins of the rule go back to 1873. But following the case of Jones v Kaney [2010] EWHC 61 (QB), [2010] All ER (D) 131 (Jan) that could all change.

History of the law

The immunity of a witness from litigation in respect of evidence given in court was described as a fundamental rule of law by Lord Justice Simon Brown in Silcott v Metropolitan Police [1996] 8 Admin LR. Back in 1873 in Dawkins v Lord Rokeby 8 QB 225 Page 265 it was said: “…no action lies against a witness upon evidence given before court….” Over the years it is clear that the court has recognised immunity also in relation to things done or omitted to be done in the course of preparing for trial.

The basis of the immunity in respect of evidence given in

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll