Law:

Section:

(a) Witness-------Expert witness---Immunity from suit for breach of duty---Extent and scope---Duty of care owed by an expert witness to his client---Scope---Personal injury action---Preparation of a joint statement/report by expert witness for purposes of settlement---Negligence by expert witness---Claimant having to settle for significantly lesser settlement as a consequence---Effect---Claimant (appellant) was involved in a road traffic accident---Claimant's solicitors instructed the defendant (respondent), who was a consultant clinical psychologist, to examine the claimant and prepare a report for the purposes of personal injury proceedings---Defendant prepared her first report in which she expressed the view that the claimant was at that time suffering from post traumatic stress disorder (PTSD)---Defendant subsequently prepared a second report stating that the claimant did not have all the symptoms to warrant a diagnosis of post-traumatic stress disorder (PTSD), but was still suffering from depression and some of the symptoms of PTSD---Consultant psychiatrist instructed by the relevant insurer prepared her own report, wherein it was stated that the claimant was exaggerating his physical symptom---District Judge ordered the two experts to hold discussions and to prepare a joint statement---Consultant psychiatrist for the relevant insurer prepared a draft joint statement, which the defendant (expert) signed without amendment or comment---Said joint statement was damaging to the claimant's claim as it recorded agreement that his psychological reaction to the accident was no more than an adjustment reaction that did not reach the level of a depressive disorder of post-traumatic stress disorder (PTSD); that the defendant had found the claimant to be deceptive and deceitful in his reporting, and that the experts agreed that his behaviour was suggestive of 'conscious mechanisms' that raised doubts as to whether his subjective reporting was genuine---Claimant, as a consequence, had to settle his claim for significantly less than the settlement that would have been achieved had not the defendant (expert) signed the joint statement in the terms in which she…

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