Summary
- CPR Part 35 says nothing about insurance; the requirement comes from regulators and professional bodies instead.
- Jones v Kaney [2011] UKSC 13 ended the immunity that once protected expert witnesses from negligence claims.
- Expert Court Reports requires all panel members to hold, and maintain, professional indemnity insurance as a condition of joining and remaining on the panel.
- Doctors carrying out clinical examinations need GMC-compliant indemnity as a condition of their registration.
- Solicitors increasingly ask experts to prove current cover before instruction, not simply confirm it exists.
- Going without cover leaves you personally exposed if your opinion is later challenged as negligent.
In March 2011, the Supreme Court ruled against two hundred years of settled law, changing what it means to sign an expert report. Jones v Kaney [2011] UKSC 13 arose from a personal injury claim in which a clinical psychologist had signed a joint statement, drafted largely by the opposing expert, that conceded points weakening her own side’s case. The Court held, by a majority of five to two, that the immunity from suit for breach of duty that expert witnesses had enjoyed in relation to their participation in legal proceedings was abolished. Lord Phillips reasoned that the old justification, protecting experts from litigation pressure so they could give candid evidence, no longer outweighed the unfairness to claimants left without a remedy for genuinely negligent opinions. That single decision turned expert witness work from a low-liability sideline into something closer to any other professional service, where a bad piece of work can end in a claim against you personally. But abolishing immunity did not create new insurance rules, leading to ongoing confusion.
Does CPR Part 35 require insurance?
CPR Part 35 does not mention professional indemnity insurance anywhere in its text. It is, however, a prudent measure for experts to protect themselves against potential claims arising from their professional duties in litigation. Professional indemnity insurance is a requirement for any expert wishing to join, and remain on, the Expert Court Reports panel, ensuring protection for both expert and instructing party.
The insurance obligation you actually face depends on your profession, not on the civil procedure rules. A registered doctor undertaking medico-legal work needs adequate indemnity to satisfy the General Medical Council‘s registration requirements, regardless of anything CPR 35 says. A desktop reviewer working purely from documents, with no clinical examination and no professional regulator mandating cover, faces no equivalent formal requirement, though taking on the work uninsured is still a risk.
The Expert Witness Institute also requires every member to hold professional indemnity insurance covering the activities they carry out as an expert witness, as a stated condition of membership. Where a member does not already hold suitable cover, the Institute operates a block policy that members can join directly.
Why do solicitors ask for proof of cover?
Solicitors ask because Jones v Kaney [2011] UKSC 13 removed the immunity that once made an expert’s personal exposure largely academic. Since 2011, an expert can be sued in negligence for the opinion given, just as any other professional can be sued for negligent advice.
The instructing solicitor has an interest of their own. A report that collapses mid-case because the expert cannot be held to account, or because a negligence claim against them exposes gaps in how the opinion was formed, damages the client’s case and the expert’s reputation. Solicitors have responded by treating current, verifiable professional indemnity insurance as a standard check before instruction, in the same way they check qualifications and registration.
What should the cover protect against?
Your cover should protect against claims arising from the opinion you give, not just against clinical or technical negligence in your day-to-day practice. A report later challenged as negligent, whether for a flawed methodology, an unsupported conclusion, or a failure to disclose a limitation in the evidence, can expose you personally under the principle Jones v Kaney established.
| What to check | Why it matters in practice |
|---|---|
| Named insurer and policy limit | Confirms cover actually exists and its financial ceiling |
| Renewal date | A lapsed policy between instructions leaves a gap |
| Jurisdiction covered | A policy written for England and Wales may not extend abroad |
| Scope of work covered | Desktop review and clinical examination often need different cover |
Specialist brokers in this market point out that cover written for one jurisdiction does not automatically extend to instructions taken from outside it. An expert accepting an instruction in a jurisdiction other than the one their main policy covers should check the extension applies before accepting the case, not after a claim arrives.
Final words
Confirming current professional indemnity insurance takes minutes at the point of instruction: the insurer’s name, the level of cover, and the renewal date. It is one of the few checks in this process with no real cost to getting right and a considerable one to getting wrong, and it belongs alongside the registration and conflicts checks you run before any instruction proceeds.
Frequently asked questions
Do I legally have to hold indemnity insurance as an expert witness?
Not under CPR Part 35 directly. It is, however, a condition of joining and remaining on the Expert Court Reports panel, and if you are a registered doctor carrying out clinical examinations, the General Medical Council treats adequate indemnity as a condition of your registration.
Can I be sued personally for a negligent expert report?
Yes, since Jones v Kaney [2011] UKSC 13 abolished the immunity expert witnesses previously enjoyed, you can be sued in negligence for an opinion given in the course of litigation. The claim runs against you personally, not against the instructing solicitor.
What happens if my policy does not cover expert witness work specifically?
Check with your insurer before accepting an instruction, because general professional indemnity cover for your main practice does not automatically extend to expert witness work. A policy gap discovered after a claim is made is far harder to resolve than one caught before you sign anything.
Last reviewed: August 2026
Reviewed by: Amy Humphriss
Talk to Expert Court Reports
If you want to discuss what cover you need before taking on expert witness instructions, or you are a solicitor wanting to confirm an expert’s current indemnity position, we can help. Contact our expert witness panel team or call 01865 587865 and we will talk through what to check.
