Civil Engineering Reference
In-Depth Information
In theory anyone can give expert evidence in arbitration or in court proceedings. All that is
necessary is that the 'expert' is knowledgeable and experienced about the topic. Therefore,
an experienced bricklayer could give expert evidence about the standard of brickwork on a
project,aplastereraboutplasterworkandanarchitectaboutthewayanarchitectshoulddeal
with a project - or what is commonly known as 'good practice'. There are certain architects
and others for whom acting as an expert witness is a substantial part of their practices. One
must of course be wary of doing nothing but act as an expert witness, because an architect
who was no longer in active practice may lack the credibility required. One has only to read
the scathing comments by the judge about one of the experts in
Royal Brompton Hospital
Nevertheless, it sometimes falls to an architect who is not particularly experienced in
court to give expert evidence, and a recent case before the Supreme Court (formerly the
expertwitnesswasimmunefromactionsfornegligence.Inotherwords,ifanexpertwitness
isnegligentinpreparingareportorgivingevidence,canthepartyaffectedbythenegligence
take legal action against the expert to recover any losses?
The facts of the case are unimportant and concerned a road traffic accident in which Mr
Jones was injured. The crucial points were that the clinical psychologist expert witness for
Mr Jones, Dr Kaney, prepared reports. The other party admitted liability, and all that re-
mained was the amount of damages. It was alleged that Kaney had been negligent in agree-
ing to the terms of a joint report, which resulted in Jones having to settle for less damages.
JonesbroughtanactionfornegligenceagainstKaney,butshesaidthat,asanexpertwitness,
she enjoyed immunity from actions for negligence. The High Court agreed, but in view of
the importance of the question it granted permission for an appeal directly to the Supreme
Court.
The Supreme Court confirmed that it is in the public interest that judge, jury, and wit-
nesses, including expert witnesses, are all granted civil immunity. The immunity of expert
witnesses has lasted for over 400 years. After a long and thorough consideration of the po-
sition, the Court decided by a 5 to 2 majority that expert witnesses would no longer have
immunity from action for breach of duty, although they would still enjoy absolute privilege
in respect of claims for defamation.
