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Witness immunity

Definition

A common-law protection that historically shielded expert witnesses from civil liability for statements made in judicial proceedings. In England and Wales it was significantly narrowed by the Supreme Court in Jones v Kaney (2011), which held that experts retained by a party are no longer immune from negligence suits.

Related terms

Contextual bias
The influence of case-relevant background information (suspect financial difficulties, police intelligence) on the direction of an examiner's technical analysis. Demonstrated experimentally for...
Duty of impartiality
The obligation that an expert witness owes to the court rather than to the party that retained them. Codified in England and...
Fabrication of evidence
The deliberate creation of false scientific results or the falsification of existing results for use in legal proceedings. It is the most...
Sequential unmasking
An information-sequencing protocol in which the examiner receives the questioned material first, completes and documents the analysis before receiving the known standards,...
Wrongful conviction review
A post-conviction process in which a court, review commission, or independent body re-examines the evidence supporting a conviction. In England and Wales...

Explained in

  • Expert Liability, Bias and MisconductA common-law protection that historically shielded expert witnesses from civil liability for statements made in judicial proceedings. In England and Wales it w...

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