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  • Essay / The Law of Negligence: The Case of Jones Vs. Kaney Case

    Nevertheless, some professionals have acted negligently towards their clients in the past. One particular case that caused the law of negligence to develop was that of Jones v Kaney. This case resulted in the lifting of immunity for expert witnesses across the UK. An expert witness is anyone “with knowledge or experience in a particular field or discipline beyond that expected of a lay person” according to (Pamplin and White, 2008); this includes IT professionals. Before examining the case of Jones v. Kaney, it is worth thinking about how expert witnesses were treated previously. Prior to Jones v. Kaney, expert witnesses enjoyed immunity from prosecution, just like fact witnesses. Witnesses of fact should not be confused with expert witnesses; fact witnesses provide testimony that is “not based on scientific, technical, or other specialized knowledge” as stated (Law.cornell.edu, 2014). They simply provide a presentation of the facts observed and some opinions in their testimony during the procedure. Factual witnesses continue to enjoy immunity from prosecution today. The case “Stanton v. Callaghan” confirms the existence of immunity from suit for expert witnesses in legal cases involving negligence during “1998” as dictated by (Bailii.org, 1998). This case occurred before the case of Jones v. Kaney, which was litigated in 2011. In Stanton v. Callaghan, the plaintiff, Mr. Stanton, contacted a structural engineer, Mr. Callaghan, to prepare a report on the damaged property, stating that the work carried out previously, with the agreement of the insurers, was not appropriate because it felt apart, so he could claim a sum of money from the insurance company to carry out the entire foundation work of the property..... .. middle of paper ...... er for them as expert witnesses if the need arises. The law of negligence has evolved to significantly affect an IT professional's immunity from prosecution. An IT professional acting as an expert witness or defendant in court is no longer immune from prosecution, which appears to be a decision made in the public interest. An IT professional may be required to take out suitable professional indemnity cover to cover themselves as an expert witness, which involves waiving immunity. However, removing immunity from suit for IT professionals does not address cases of negligence that include pure economic loss as opposed to physical injury or property damage. This remains a problem. Removing immunity from suit simply provides relief in situations where there is a "clear breach of duty of care »..”