RICS Expert Witness Conference. Witnesses Lose Immunity
This well attended conference was given an overview of landmark case Jones v Kaney by Mr Patrick Lawrence QC. For the past 400 years expert witnesses have enjoyed immunity from suit for breach of duty, whether in contract or in negligence. But in a watershed decision made on 30 March in the case of Jones v Kaney, the Supreme Court ruled that the immunity of expert witnesses in relation to their participation in legal proceedings should be abolished.
The expert witness conference also heard a discussion on ‘hot-tubbing’, as a means of litigation where two experts are appointed over the same litigated matter, as well as a presentation of Lord Justice Jackson’s proposals of his review of civil litigation costs.