Expert witness consultants often play critically important roles in litigation. Every week thousands of specialists like medical consultants, engineers, scientists and architects deliver testimony. The more important or complex the matter, the more likely it is that one or more experts will be involved for each side.
Consultants who act as expert witnesses in civil or criminal proceedings have traditionally enjoyed immunity from claims of negligence and breach of contract in relation to the evidence that they give to the court, either by written or verbal testimony. The justification for such protection has been that all witnesses should be able to present their evidence freely and without undue pressure or fear of reprisal.
Yet there is an emerging body of case law and scholarly work that have begun to question the granting of absolute immunity to expert witnesses for their in-court testimony and out of court preparations. Several law review articles and courts have begun to argue that it is not unreasonable to expect that expert witnesses, as hired and paid professionals, should be held to standards-ie if their work is not competent they should be held responsible
Certainly in relation to civil proceedings, if an expert provides advice to his client which turns out to be wrong, there are already indications that, it may be difficult to justify the retention of immunity from claims for breach of contract and/or negligence.
Despite absolute immunity no longer being a sure thing, there is no evidence to suggest that the threat of being sued is deterring expert witnesses from giving evidence in court. As the law changes the importance of expert witness insurance grows. Most expert witnesses now maintain professional indemnity insurance policies to safeguard themselves against the threat of negligence claims. Professional indemnity covers both legal fees to defend one’s status and costs.
Specialist expert witness professional indemnity insurance policies are available from as little as £170-£200 per annum (£250k cover) rising to £370-£400 per annum (£1 million cover). Its advisable to check with your broker that your activities are covered under the terms of the policy.
