Published December 2005

It has been accepted for some time by the courts than an expert will be immune from suit in respect of his evidence at trial and in respect of the contents of a report prepared for service in proceedings. The rationale for this is that an expert should be able to give evidence fearlessly, owing a primary duty to the court rather than the party who pays his fee, and this would be undermined if the expert could be sued for negligence. This LPA warns of a potential erosion of this immunity.