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Expert witnesses no longer immune from negligence claims
11 April 2011
The Supreme Court has ruled that it is not in the public interest for expert witnesses to be immune from negligence claims.
Expert witnesses were previously immune to negligence claims as a result of the Court of Appeal’s decision in Stanton v Callaghan (2000). However, the recent decision in Jones v Kaney means expert witnesses can now be sued in negligence.
In Jones v Kaney, Mr Jones’ expert witness originally supported claims that he was suffering from post-traumatic stress disorder following a road traffic accident. The expert witness then changed her mind and gave her full support to the defence. As a result of her change in opinion Mr Jones was forced to accept a lower settlement.
Mr Jones commenced a professional negligence claim against the expert witness and the Supreme Court ruled that his claim could proceed.
Our Personal Injury and Clinical Negligence team have many years of experience dealing with professional negligence claims. If you would like to make a claim, contact our Personal Injury and Clinical Negligence team today for a telephone conversation or a free, preliminary meeting.
Chloe Newton, Solicitor in the Personal Injury and Clinical Negligence team
