Abstract: In Spain, civil liability of legal experts is to be addressed by the general rules of the Spanish Civil Code, as there are not specific rules on that subject. These general rules contained in the Civil Code are apparently wide and generous in order to allow a claim for losses caused by expert witnesses, but - in sharp contrast with this first impression - the truth is that there are very few court decisions imposing civil liability on expert witnesses. There are some specific provisions regarding legal experts in the Criminal Code and some related case law, but those provisions does not give light on the general subject of legal experts' liability. In any case, I think that Jones v. Kaney should give place to contractual liability, if it were tried in Spain; in my view, any of the requirements of liability is particularly problematic in the case.
European Review of Private Law