Karling v Purdue [2004] ScotCS 221 (29 September 2004)

Karling v Purdue [2004] ScotCS 221 (29 September 2004)

The defender, as an expert instructed by the pursuer's defence team in ongoing criminal proceedings, was a prospective witness at the time of preparing his report and advice. The work complained of was intimately connected with the conduct of the case in court and was done with a view to giving evidence. Absolute immunity applies to such preparatory work, and the action must be dismissed.

Citation
[2004] ScotCS 221
Parties
Pursuer: Richard Wilhelm Karling; Defender: Dr Basil Nigel Purdue
Jurisdiction
Scotland
Judgment Date
29 September 2004
Procedural Posture
Civil / Procedure Roll Discussion
Outcome
action dismissed
Legal Topics
Expert Witness Immunity, Negligence, Breach of Contract, Damages, Public Policy
Tort Contract Criminal Procedure Expert Witness Immunity Negligence Breach of Contract Damages Public Policy

Case Brief

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Parties

Richard Wilhelm Karling

Pursuer

Dr Basil Nigel Purdue

Defender

Procedural Posture

Civil / Procedure Roll Discussion

Legal Issues

  1. 1 Whether an expert witness instructed by the defence in criminal proceedings is immune from suit for alleged negligence or breach of contract in preparing a report and advising the defence team
  2. 2 Whether the immunity extends to advice given at an early stage or only to evidence given in court or preparatory work intimately connected with giving evidence

Ratio Decidendi

The defender, as an expert instructed by the pursuer's defence team in ongoing criminal proceedings, was a prospective witness at the time of preparing his report and advice. The work complained of was intimately connected with the conduct of the case in court and was done with a view to giving evidence. Absolute immunity applies to such preparatory work, and the action must be dismissed.

Court Disposition

action dismissed

Orders

  • Defender's plea of immunity from suit sustained
  • Action dismissed as incompetent