Does an Expert Witness Enjoy Immunity from Suit?
Article from: TDM 4 (2004), in Arbitration - General Issues
Introduction
This was the primary issue in Karling v Purdue (Opinion of JG Reid QC dated 29th September, sitting as a Temporary Judge; available on the Scottish Court of Session website - (www.scotcourts.gov.uk). K was convicted of murder in 1995 but the conviction was eventually quashed on appeal. P had been engaged by K to provide an expert opinion for use in K's defence. In the present case, K was suing P for damages for breach of contract and negligence. Was P immune from such suit being an expert engaged in such circumstances? In a lengthy Opinion, Mr Reid QC surveyed ...