Phillips v Symes [2004] EWHC 2330 (Ch); [2008] UKHL 1 – Law Journals

Costs: Taking responsibility

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Sarah Jane Lenihan suggests circumstances when it may be appropriate to seek a costs order against a non-party ‘The court has discretion to order a non-party to pay costs, where it believes it is just to do so, and the non-party is connected with the litigation.’ Most family lawyers will have a client at one …

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Service: Life after Mitchell?

Maura McIntosh reports on a recent decision in the Commercial Court ‘CPR 3.10 was to be “construed as of wide effect so as to be available to be used beneficially wherever the defect has had no prejudicial effect on the other party”.’In what may be seen as a surprising decision, the Commercial Court has treated …

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Experts Update: Roles and responsibilities

Julie Gattegno and Jane Turley assess expert immunity and expert determinations following two recent rulings ‘The fact that expert witnesses can now be subject to a claim in negligence should mean better quality advice, with experts ensuring they give well thought out opinions.’A person who is an expert in their field can assume the role …

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Expert Evidence: Nowhere to hide

Gary Lawrenson considers the impact of Jones v Kaney ‘In the Supreme Court, the majority decision, led by Lord Phillips, removed experts’ immunity against claims by their clients. Experts can now be sued for breach of contract or professional negligence in relation to their participation in legal proceedings.’In Jones v Kaney [2011] the Supreme Court …

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Expert Witnesses: Clamping down

Giles Eyre looks at keeping expert witnesses up to the mark ‘In Jones v Kaney, the Supreme Court, by a majority of 5:2, overturned 400 years of established law in removing the immunity of expert witnesses.’ For as long as any of us can remember, if in the course of personal injury or clinical negligence …

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Expert Witnesses: The Supreme Court abolishes immunity

Alexandra Anderson reviews the judgment in Jones v Kaney, and its implications for professional experts and their insurers ‘It was common ground that, if the immunity was to be effective, it must apply to views expressed not only in court, but in contemplation of, or at least preparation for, possible court proceedings.’Last week the Supreme …

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