In a groundbreaking decision, the Supreme Court has ruled that an expert witness who is negligent in respect of their work can be sued. Until the decision, the rule was that experts were immune from being sued in relation to evidence given in civil proceedings.
The case involved a consultant psychiatrist who had been instructed by a claimant to prepare an expert psychological report as evidence in a dispute. The expert signed a joint report prepared by another expert who had been instructed by the other side. She claimed that the joint report did not reflect her views and she had signed it ‘under pressure’. As a result of her signing the report, the claimant settled the claim for a considerably lower sum than would have been the case had the expert not signed the joint report.
The Court could find no compelling public policy reasons to support the upholding of the immunity and agreed that a claim for negligence against the expert could proceed.
The decision will have a marked impact on the expert witness industry and will, it is hoped, have the effect of dissuading some of the less qualified and more overtly partial expert witnesses (known as ‘hired guns’) from giving evidence.
If you are involved in litigation, the selection of an appropriately qualified and experienced expert is of great importance. Contact us for expert advice in relation to any legal dispute.
ched to the outcome of the litigation, but which typically runs from 10 to 100 per cent. In a recent libel case, a claim valued at £5,000 was accompanied by a bill for legal costs from the claimant of nearly 10 times that amount.