Topic > The law of negligence: the case of Jones vs. Kaney Case

However, in the past some professionals have acted negligently towards clients. A special case which caused the development of the law of negligence was Jones v Kaney. This case caused immunity to be removed from expert witnesses across the UK. According to (Pamplin and White, 2008) the expert witness is anyone “who has knowledge or experience in a particular field or discipline greater than that expected of a lay person”; this includes IT professionals. Before looking at the case of Jones v Kaney, it is worth reflecting on how expert witnesses were previously treated. Prior to the Jones v Kaney case, expert witnesses enjoyed immunity from suit just as fact witnesses did. The testimony of the facts is not to be confused with the expert opinion; factual testimony provides testimony that is “not based on scientific, technical, or other knowledge” as stated by (Law.cornell.edu, 2014). They simply provide a statement of observed facts and some opinions in their testimony during the proceedings. Witnesses of fact continue to have immunity from suit today. The case “Stanton v Callaghan” confirms the existence of immunity from suit for expert witnesses in court cases involving negligence during “1998” as dictated by (Bailii.org, 1998). This case occurred before the case of Jones v Kaney, heard in 2011. In the case of Stanton v Callaghan, the plaintiff, Mr Stanton, engaged a structural engineer, Mr Callaghan, to prepare a report on the damaged property, stating that the work previously carried out, with the agreement of the insurers, was not adequate because it felt separate, so much so that it could claim a sum of money from the insurance to carry out the entire foundation work of the property..... .. half of the document ...... er for them as expert witnesses should the need arise. Malpractice law has evolved to significantly impact a computer professional's immunity from a lawsuit. An IT professional acting as an expert witness or defendant in court is no longer immune from legal action, which appears to be a decision made in the interest of the general public. An IT professional may need to take out appropriate professional indemnity cover to cover themselves as an expert witness, which involves deprivation of immunity. However, removing immunity from lawsuits for IT professionals does not provide a solution for negligence cases that involve pure economic loss rather than physical injury or property damage. This remains a problem. Removing immunity simply provides a remedy for situations where there is a clear “breach of duty of care”..”