Overview

The UK Supreme Court has handed down judgment abolishing the immunity expert witnesses have enjoyed for over 400 years. In Jones v Kaney [2011] the court held, by a majority of 5 to 2, that there is no justification for granting expert witnesses immunity from suit in relation to their participation in legal proceedings nor in relation to any views they express in anticipation of court proceedings.

The majority did not accept that potential liability would dissuade an expert from accepting instructions, or would prevent an expert who was acting with diligence and integrity from exercising his overriding duty to the court. Accordingly, the court held that an expert witness who does not act with reasonable skill and care should be held accountable.

Herbert Smith identifies the key points of the case and the practical implications.

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