3.3 Liability and immunity of experts

If an expert witness’s behaviour falls below the standards that are expected of them, there are some circumstances in which they can be held responsible for their failures. Simultaneously, the law also protects witnesses (including experts) from liability in some circumstances by extending immunity to them for things said and done in connection with litigation. The key types of liability that arise are:

• criminal
• civil (generally tortious)
• regulation by professional disciplinary bodies.

• 1 Dawkins v Lord Rokeby [1873] LR 8 QB 255, 263.
• 2 Taylor v SFO [1999] 2 AC 177 at 208.
• 3 Darker v CC W Midland Police [2001] 1 AC 435 at 461.
• 4 Hall v Simons [2002] 1 AC 615 HL at 698.
• 5 Jones v Kaney [2011] UKSC 13.
• 6 Hall v Simons [2002] 1 AC 615.
• 7 Hall v Simons [2002] 1 AC 615 [67, 85].
• 8 Meadow v General Medical Council [2006] EWCA Civ 1390, [2007] QB 462, CA.