Supreme Court Abolishes Expert Witnesses’ Immunity from Suit


In Jones v Kaney [2011] UKSC 13, the Supreme Court (by a majority) abolished immunity from suit that expert witnesses have enjoyed in relation to their participation in legal proceedings.

The first rule of law is that a wrong should have a remedy. Any derogation from this rule requires a compelling reason, and the Supreme Court could find no compelling reason to allow expert witnesses immunity from legal claims. As such, litigants who suffer loss as a result of negligence by an expert witness, now have the right to seek damages against that expert.

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