400 year rule on expert immunity abolished by Supreme Court

The Supreme Court has today handed down a significant judgment that overturns the long standing rule that experts cannot be sued for breach of duty in relation to their participation in legal proceedings. Jones v Kaney concerned a claim brought against a consultant clinical psychologist who, it was alleged, had acted negligently in the course of joint expert discussions and in preparing a joint expert statement in the context of the claimant's personal injury claim. It was said that this resulted in the claimant settling the personal injury claim for a much lower figure than he might otherwise have been able to achieve.

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