Reliable experts
Things have just got better for people
who use expert witnesses. Things have got better for good expert
witnesses, too. The only people who are in a worse position are the
ones who shouldn't be relied on in the first place.
It's all because of the recent judgement in Jones v Kaney. This related to a personal injury case, but its effects will be felt across the whole legal sphere from clinical negligence to corporate insolvency. In this case immunity from suit for expert witnesses was abolished.
While the implications of the judgement are wide-ranging, it's unlikely that any floodgates will open. "If an expert's incompetence causes loss to their client then it is only reasonable that they should be held to account," comments Mark Underwood, a Forensic Accounting Director at BDO. "But if you're competent, honest and conscientious then you have nothing to fear."
Any claim brought would need to be about more than small differences of opinion. "The case would have to be cut and dried, because to succeed in a claim you'd need to find another expert to say the first one is negligent – and this would be a major undertaking," he continues.
So what are the most likely implications for expert witnesses and people who use their services? "We'll probably see a reduction in the number of experts where expert witness work forms a small part of their practice, as their professional indemnity insurance premiums will go up as a result of the judgement," says Underwood. “The judgement should also make potential expert witnesses take a long hard look at whether this is an area they want to get involved in. For the person who has, historically, occasionally acted in this capacity the risk – both reputational and financial – may outweigh the reward.”
If Jones v Kaney helps weed out the experts who shouldn't really be involved in the first place, and ensures that those who are involved always take proper care over their work, then everyone will benefit. "The judgement caused quite a stir when it was announced, but it's for everybody's good," concludes Underwood. "It's about time it came."
