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
A great deal has been written about the 2011 judgment in Jones v Kaney  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 sen...