Since Jone v Kaney in 2011, experts in UK courts have no longer enjoyed blanket immunity from claims. However, the Australian courts have recently reaffirmed the general principle that experts should be immune from suits to encourage witnesses to give evidence freely and without fear of litigation. In this particular case, immunity was retained by a psychiatrist because the report in question was produced under legal instruction and in compliance with the relevant guidelines, even though it was never, in fact, used in court.
This case once again underscores the crucial role of experts receiving proper instruction and diligently adhering to their responsibilities, regardless of the jurisdiction they operate in.
Further commentary from Carter Newell Lawyers is provided here:
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