Cases - Jones v Kaney
Record details
- Name
- Jones v Kaney
- Date
- [2011]
- Citation
- UKSC 13
- Legislation
- Keywords
- Negligence in valuations and surveys
- Summary
-
The claimant ‘J’ had been injured in a road traffic accident. J had instructed the defendant psychologist ‘K’ to give evidence at his trial as to damages sustained as a result of the accident. As a result of K’s negligent evidence at trial, J’s case settled for a much smaller amount than that properly due. J sued K for negligence and K defended relying on the immunity from suit set down in Stanton v Callaghan. The High Court struck the claim out, which then leapfrogged on appeal to the Supreme Court.
The main justification for witness immunity was that otherwise experts would be reluctant to give evidence and would be less candid in their opinions. The majority of expert witnesses were now paid and could insure against the risk of providing negligent advice or evidence in the same way as any other professional. Imposing a duty of care in negligence would not stifle the quantity or quality of expert evidence but merely ensure that experts exercised reasonable care and skill as they should in all aspects of their trade.
Expert witnesses will no longer enjoy immunity from suit in relation to evidence they give in court or for advice or other services provided in anticipation of court proceedings.
Surveyors intending to provide services that fall within the scope of this decision should ensure that their retainer reflects the increased liability risk and that appropriate insurance cover is in place.