Case law
Expert liability — Jones v Kaney
Jones v Kaney [2011] UKSC 13 abolished the long-standing immunity of expert witnesses from being sued by the party who instructed them.
Key points
- An expert can now be liable in negligence to their own client for a breach of duty — e.g. signing up to a damaging joint statement without proper basis.
- The duty to the court and potential liability to the client are not in conflict: doing the job properly satisfies both.
- Practical effect: experts should keep good records, only agree what they genuinely accept, and carry appropriate professional indemnity insurance.
Official sources
General information to help experts and instructing parties understand the framework for expert evidence in England & Wales. It is not legal advice. Always work from the current official sources, which are linked on each page.