Law firm Beachcroft has warned the insurance industry review its policy cover for expert witnesses following a Supreme Court ruling abolishing their general immunity.
In a five to two majority ruling, in Jones v Kaney, the Surpeme Court held that there expert witnesses will no longer be immune from civil action relating to their statements.
Lord Phillips said in the ruling that there was “no justification for continuing to hold expert witnesses immune from suit in relation to the evidence they give in court or for the view they express in anticipation of court proceedings”.
Ian McConkey, professional risks partner at national commercial law firm Beachcroft, commented: “Although this outcome has been widely expected, the insurance industry will need to take stock of the decision abolishing immunity.”
“There is obvious scope for consideration of policy cover for expert witnesses and the terms which might apply in light of the judgment. Experts will need to consider securing indemnity cover to fit the work they undertake.
“Insurers and experts alike may take comfort that the abolition of advocates’ immunity ten years ago has not led to a major rush of civil claims and it is far from clear that the situation will be greatly different with experts.”
The subject of the action was an earlier claim by Mr Jones who alleged that he was suffering from post-traumatic stress disorder as a result of a road traffic accident in 2001.
Mr Jones later engaged Mr Kaney, a clinical psychologist, as an expert witness in his claim for damages. Mr Kaney was initially supportive of that claim but later went on to sign a joint statement agreeing that Mr Jones was “deceptive and deceitful” which seriously compromised the claim by Jones for post traumatic stress disorder.
Mr Jones subsequently commenced proceedings against Dr Kaney for negligence, Judge Blake in the High Court found that he was bound by 1998 authority Stanton v Callaghan but, recognising a point of wider public interest, granted a ‘leap frog certificate’ for the Supreme Court to determine the matter.
Medico Legal News Source: PostOnline
