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''Jones v Kaney'' () UKSC 13 is a 2011 decision of the Supreme Court of the United Kingdom on whether expert witnesses retained by a party in litigation can be sued for professional negligence, or whether they have the benefit of immunity from suit. The case involved a psychologist (Kaney) instructed as an expert witness in a personal injury claim, who was said to have negligently signed a statement of matters agreed with the expert instructed by the opposing side, in which she made a number of concessions that weakened the claim considerably. As a result, according to the injured claimant (Jones), he had to settle the claim for much less than he would have obtained had his expert not been careless. To succeed in the claim, he had to overturn an earlier Court of Appeal decision that had decided that preparation of a joint statement with the other side's expert was covered by immunity from suit. Kaney therefore succeeded in getting the claim struck out before trial on an application heard by Mr Justice Blake in the High Court of Justice. The judge issued a certificate allowing the claimant to "leapfrog" the Court of Appeal and go straight to the Supreme Court to appeal against his decision. The Supreme Court, by a majority of five to two, decided that expert witnesses were not immune in the law of England and Wales from claims in tort or contract for matters connected with their participation in legal proceedings. This reversed a line of authority dating back 400 years.〔 The case considered the narrow issue, namely whether preparation of a joint statement by experts was immune from suit, and the wider public policy issue of whether litigants should be able to sue experts that they had instructed for breach of duty. There was discussion about whether removing the immunity would have a "chilling effect" on the willingness of experts to participate in court proceedings, although judges on both sides of the decision agreed that there was no empirical evidence on the point. Lord Phillips, a member of the majority, compared the situation of expert witnesses with that of advocates, on the basis that both owed duties to clients and to the court. Advocates' immunity from claims in negligence had been removed in 2001 in ''Hall v Simons''. The change, he said, had not led to an increase in vexatious claims or a reduction in the performance of duties owed by advocates to the court. Lord Hope, in the minority, said that experts and advocates had different functions and so disagreed with the comparison. He also pointed out that English law would now be different from Scots law on this issue. The judgment has been called a "landmark ruling"〔 by the ''Law Society Gazette'', with lawyers saying that the decision was expected but long overdue. One barrister, Clare Montgomery QC, looked at the implications for other participants in the legal process, commenting that the "process of whittling away the scope of the immunity" that they have "appears to be far from over".〔 Other commentators were concerned that the decision would lead to reduction in the number of expert witnesses prepared to become involved with some particularly sensitive areas, such as child abuse cases. Lady Hale, the other dissenting judge, said that changing the law in this way was "irresponsible" and said that the position should instead be considered by the Law Commission and Parliament.〔 ==Background== In 2001, the claimant (Paul Jones) was involved in a road traffic accident and later brought a claim for damages for physical and psychiatric injury. His solicitors instructed the defendant, Dr Sue Kaney (a consultant clinical psychologist), in 2003 to advise and report on the claim. She expressed her initial view was that he was suffering from post traumatic stress disorder (PTSD). However, the view taken by the psychiatrist instructed by the insurers defending the claim was that Jones was exaggerating the effects of his physical injuries, either consciously or unconsciously. The two experts held a discussion in November 2005 to see what if any agreement they could reach. The joint statement signed by both experts after the discussion showed that Kaney had conceded ground on a number of issues, weakening the claim considerably. She agreed that the claimant's psychological reaction was only an adjustment reaction, not PTSD, and she further stated that Jones had been "very deceptive and deceitful in his reporting", suggesting that he might be consciously giving incorrect information to the experts.〔High Court decision, paras. 1–3.〕 Jones's solicitors asked why she had changed her views so completely. According to the allegations made in the subsequent claim for damages against her, she had felt under pressure to agree the wording of the document although it did not represent what she had agreed during the discussion and did not represent her true view, which was that Jones had had PTSD and had only been evasive not deceptive. The personal injury claim was subsequently settled without a trial.〔High Court decision, paras. 4–5.〕 In 2009, Jones brought a claim for damages for professional negligence against Kaney, on the basis that the personal injury claim had had to be settled for considerably less than would have been the case had Kaney not signed a document that apparently did not reflect her views.〔High Court decision, paras. 5–6.〕 Kaney applied to strike out the claim before filing a defence, on the basis that the claim could not possibly succeed given the binding authority of the Court of Appeal decision of ''Stanton v Callaghan'' in 1998 that expert witnesses could not be sued for negligence when preparing a joint statement with the opposing side's expert witness.〔High Court decision, paras. 1–3; Lord Phillips, para. 1.〕 The application succeeded before Mr Justice Blake, sitting in the High Court. He granted a certificate under section 12 of the Administration of Justice Act 1969, allowing the claimant to "leapfrog" the Court of Appeal and proceed directly to the Supreme Court of the United Kingdom, who (unlike the Court of Appeal) would have power to overrule the decision in ''Stanton'' if it was wrong.〔High Court decision, paras. 42–47.〕 He took the view that there was a "substantial likelihood" that ''Stanton'' would be overturned by the Supreme Court, on the basis that "a policy of blanket immunity for all witnesses, indiscriminately protecting witnesses as to fact and witnesses on the opposing side from expert witnesses retained by a party to advise them before and during the proceedings as to a pertinent issue in those proceedings, may well prove to be too broad to be sustainable and therefore disproportionate."〔High Court decision, para. 38.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Jones v Kaney」の詳細全文を読む スポンサード リンク
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