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07 April 2011
Issue: 7460 / Categories: Legal News
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No get-out for experts

Supreme Court rules out immunity for expert witnesses

Immunity from negligence actions for expert witnesses has been effectively abolished by the Supreme Court.

In Jones v Kaney [2011] UKSC 13, [2011] All ER (D) 346 (Mar), the court held by a 5-2 majority that experts’ immunity should be abolished in relation to evidence given in court and to views expressed in anticipation of court proceedings, overturning the Court of Appeal’s ruling in Stanton v Callaghan [1998] 4 All ER 961, [1999] 2 WLR 745.

The case involved a damages claim for alleged post-traumatic stress disorder following a car accident in 2001. Dr Kaney, a clinical psychologist, supported Jones’s allegations but later signed a statement to the effect that Jones had been “deceptive and deceitful” in reporting his injuries.

Jones launched professional negligence proceedings but Dr Kaney pleaded immunity from suit and applied to have the claim struck out.

Professor Penny Cooper, governor of the Expert Witness Institute, says: “There is a real risk that experts will be ‘deterred from coming forward to give evidence’ because of ‘the risk of being harassed afterwards by actions in which allegations are made against them in an attempt to make them liable in damages’ to use the words of Lord Hope who gave a dissenting judgment.

“The impact in the family courts will be particularly bad. Experts are already in short supply, many of them having been put off by what happened to Professor Sir Roy Meadow.”

Solicitors said experts will now need to review their indemnity insurance
policies.

Ian McConkey, professional risk partner at Beachcroft, said: “Insurers should consider the content of their policy cover for expert witnesses and the terms which might apply in light of the judgment. Experts will need to ensure their indemnity cover fits the work they undertake.

“Insurers and experts alike, however, may take comfort that the abolition of advocates’ immunity 10 years ago has not led to a major rush of civil claims and it is far from clear that the situation will be greatly different with experts.”

Mark Solon, managing director of legal training consultancy, Bond Solon, said: “This judgment marks the end of the amateur expert. Only wimps will withdraw, as professionals in all fields have always been open to be sued. Experts must now consider indemnity insurance” (see this issue pp 488-489).

Issue: 7460 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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