The Supreme Court has ruled, by a majority, that expert witnesses can be sued if their negligence has caused harm to the party who instructed them.
Until now (with some minor exceptions), experts have had immunity from suit in respect of both the contents of their expert reports and their performance in the witness box. Advocates had long enjoyed a similar immunity. However, in 2001, the House of Lords abolished their immunity on the ground that it could no longer be justified. Since then, some have questioned the need for experts continuing to do so. Now at last, in Jones v Kaney, the UK's highest court has had the opportunity to revisit the issue.
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