You are here

Experts need court skills as well as technical expertise

Dr John Fletcher and Michael Williams advise expert witnesses to consider their practice in terms of their duties to the court and the presentation of their evidence

16 February 2016

A great deal has been written about the 2011 judgment in Jones v Kaney [2011] UKSC 13, in which the Supreme Court removed the immunity traditionally enjoyed by expert witnesses from suit for negligence for things said or done in preparation for a hearing, or when giving evidence to a hearing. Thus, post-Kaney, if an expert provides negligent expert evidence such that the client or those instructing the expert suffer loss, that expert can be sued for breach of duty in tort.

The grounds for liability were, however, quite narrowly drawn, and there has been no great rush to court to sue expert witnesses in the five years since the judgment.

In a sense the court foresaw this in the ruling itself: when addressing the argument that if immunity was refused, expert witnesses would be reluctant to accept instructions, the court decided that immunity was not necessary to ensure an adequate supply of e...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.