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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.

Legal basis
Common-law protection
Historical scope
Shielded expert witnesses from civil liability for testimony
Landmark case
Jones v Kaney (2011), Supreme Court, England and Wales
Effect of the ruling
Party-retained experts no longer immune from negligence suits

Common questions

What was the reasoning behind removing witness immunity for experts in Jones v Kaney?+

The court concluded that the policy reasons for immunity, protecting witnesses from harassment and encouraging candid testimony, applied less strongly to experts retained and paid by a party than to lay witnesses, and that removing immunity would better hold experts accountable for negligent work.

Does witness immunity still apply to anyone after Jones v Kaney?+

Yes, the core immunity for testimony given in court, protecting witnesses generally from being sued over what they say in the witness box, remains; the ruling specifically removed the additional shield that had let a party's own retained expert avoid negligence claims over the underlying work.

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...

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