Cases - Stanton and Stanton v Callaghan
Record details
- Name
- Stanton and Stanton v Callaghan
- Date
- [1998]; (1999)
- Citation
- EWCA Civ 1176; 1 TCLR 50
- Legislation
- Keywords
- Expert witness
- Summary
-
The following propositions were stated to be binding in law in a case where the claimants tried to sue their expert witness for changing his position and reached agreement with the defendants' expert. They represent an important contribution to the modern position on the immunity of an expert witness:
- An expert witness who gives evidence at a trial is immune from suit in respect of anything which they say in court, and that immunity will extend to the contents of the report which they adopt as, or incorporate in their evidence.
- Where an expert witness gives evidence at a trial, the immunity which they would enjoy in respect of that evidence is not to be circumvented by a suit based on the report itself.
- The immunity does not extend to protect an expert who has been retained to advise as to the merits of a party's claim in litigation from a suit by the party by whom they have been retained in respect of that advice.
The Court of Appeal allowed the appeal of the defendant expert and struck out the claim against him.