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2011 MarsdenLR 79

UNITED KINGDOM SUPREME COURT
JONES – Appellant
Versus
KANEY – Respondent


Table of Content
1. immunity for expert witnesses in legal proceedings. (Para 1 , 2)
2. details of the incident leading to the claim. (Para 3 , 4 , 5 , 6)
3. impact of expert's report on settlement. (Para 7 , 8 , 9 , 10)
4. historical background of expert witness immunity. (Para 11 , 12 , 13)
5. reasons for expert witness immunity. (Para 14 , 15 , 16 , 17)
6. need for immunity against vexatious litigation. (Para 18 , 19 , 20)
7. implications of immunity removal. (Para 21 , 22 , 23 , 24)
8. comparison of expert witnesses and advocates. (Para 25 , 26 , 27 , 28)
9. discussion on balancing public interests. (Para 38 , 39 , 40)
10. final ruling on immunity removal. (Para 62 , 63)
Lord Phillips:

Introduction

[1]"A feature of the trial is that in the public interest all those directly taking part are given civil immunity for their participation....Thus the court, judge and jury, and the witnesses including expert witnesses are granted civil immunity. This is not just privilege for the purposes of the law of defamation but is a true immunity" - Arthur JS Hall & Co v. Simons [2002] 1 AC 615, 740, per Lord Hobhouse of Woodborough. In Stanton v. Callaghan [2000] QB 75 the court of Appeal held that the i

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