Expert witnesses have lost their immunity from being sued over the evidence they give in court cases, following a landmark Supreme Court ruling last week. By a majority of five to two in the case of Jones v Kaney, the court removed the 400 year old protection that meant expert witnesses were immune from suit for breach of duty, whether in contract or negligence, in relation to their participation in legal proceedings.
Giving the leading judgement, Lord Phillips said the evidence did not suggest that removing immunity would discourage experts from providing their services to the court. Drawing an analogy with barristers, he said “The removal of immunity for advocates has not diminished their readiness to perform their duty, nor has there been a proliferation of vexatious claims or multiplicity of actions”.
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