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UK Supreme Court Abolishes Expert Witness Immunity

Law360 (March 30, 2011, 7:32 PM EDT) -- The Supreme Court of the United Kingdom on Wednesday decided to abolish a 400-year-old law giving expert witnesses immunity from negligence claims by disgruntled clients.

In a 5-2 decision, the Supreme Court held that the immunity historically afforded expert witnesses at trial is anachronistic and unlikely to either conflict with experts’ duty to the court or discourage them from continuing to provide testimony to paying litigants.

The immunity predates the modern law of negligence and the practice of paying forensic experts for testimony and its continuation...
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