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Professional Negligence and Liability

Chapter 24 EXPERT WITNESSES - authored by Rebecca Loveridge and Patricia Robertson QC I. INTRODUCTION 1 24.1 This chapter examines the particular issues that arise when a professional, of any discipline, is alleged to have been negligent in the context of acting as an expert witness. The law in this area has undergone significant change as a result of Jones v. Kaney , 2 in which the Supreme Court removed witness immunity in respect of the liability of an individual retained as an expert witness for breach of a duty of care owed to their client. This chapter examines the new, and much more limited, scope of witness immunity in respect of witnesses giving expert opinion evidence and considers the issues that will arise when seeking to establish liability on the part of those who are retained as expert witnesses, outside the scope of that immunity.

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