Legal Mind Case and Commentary No 8: Change Your Opinion Casually at Your Peril - Dr Hugh Koch & Dr Tracy Thorns
17/09/16. Case: Jones v Kaney (2011) UKSC 13. This case included a psychologist (Kaney) acting as an expert witness in a case of a road traffic victim claiming damages for physical and psychological injuries. Kaney diagnosed PTSD, but during a joint statement discussion in November 2005 she conceded ground significantly both in terms of diagnosis severity and also reliability. This resulted in a pre-trial settlement at a lower than expected quantum.
In 2009, the claimant (Jones) brought a claim for damages for professional negligence against Kaney for reduced quantum settlement. The supreme court deliberated long and hard about the ‘immunity for experts’ issue. This case resulted in expert witnesses losing their immunity from being sued in negligence if their performance fell well below the standard expected of an expert, their duties and obligations...