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BMJ 2006;332:568 (11 March), doi:10.1136/bmj.332.7541.568-a
BMJ Clare Dyer, legal correspondent
The General Medical Council is seeking permission to appeal against a High Court ruling last month giving expert witnesses immunity from disciplinary proceedings over evidence given in court.
The unexpected judgment by Mr Justice Collins in an appeal by the retired paediatrician Roy Meadow bars regulators from taking action against expert witnesses unless the complaint is initiated by a judge.
Witness immunity is a longstanding legal principle that protects witnesses in court cases from being sued for damages over anything they say in court. The policy behind the rule is to encourage witnesses to give their evidence freely in the interests of justice.
But Mr Justice Collins made new law by extending the immunity to proceedings by regulatory bodies and ruled that Professor Meadow should never have been brought before the GMC (BMJ 2006;332:439, 25 Feb).
The GMC, which is almost certain to be
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