Expert witness immunity: Surveying the Karnage!

Abstract

For most expert witnesses, the decidedly disturbing decision-making of the Supreme Court in Jones v Kaney (2011) UKSC 13, has little immediate impact as, being conscientious professionals, they will be 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! But there are a number of potential consequences of this disturbing decision that should be considered by all expert witnesses and some clear actions that may be necessary. These include including obtain appropriate professional indemnity insurance, considering the potential for limiting liability through contract, becoming more circumspect about the way they express their opinions and consider whether accepting single joint expert instructions is still an option.