EXPERTS LOSE IMMUNITY FROM SUIT

The Supreme Court in Jones v Kaney [2011] UKSC 13, [2011] BLR 283 held that expert witnesses no longer enjoy an immunity from suit in the tort of negligence in relation to their participation in legal proceedings. While they will continue to retain their absolute privilege in respect of claims in defamation, they may now be liable in negligence.

Implications

Expert witnesses are frequently employed in construction disputes. To the extent that this decision operates to increase the potential liability of the expert, it may have considerable implications for construction litigation. Having said that, the majority decision of the Supreme Court does not come as a particular surprise, given the demise of immunities from suit in other parts of the tort of negligence.