For many expert witnesses, the decision of the Supreme Court in Jones v Kaney will make little immediate difference...
Chris Pamplin reflects on the decision in Jones v Kaney & predicts some unintended consequences
For many expert witnesses, the decision of the Supreme Court in Jones v Kaney [2011] UKSC 13, [2011] All ER (D) 346 (Mar) will make little immediate difference. Most expert witnesses, being conscientious professionals, will feel themselves unlikely to be found negligent and will carry professional indemnity insurance just in case. Indeed, they will view existing professional disciplinary risks as a greater concern.
The majority in the Supreme Court is dismissive of the risk that their decision will have a “chilling effect” on the supply of willing experts. But exposing expert witnesses to the potential distractions of vexatious suits from disgruntled litigants is never likely to encourage involvement in forensic work. It is the unquantifiable nature of this risk that so concerned Lord Hope and Lady Hale, as it should trouble anyone interested in the proper administration of justice.
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