header-logo header-logo

16 September 2016 / Alec Samuels
Issue: 7714 / Categories: Features , Expert Witness , Profession
printer mail-detail

Body of evidence

Alec Samuels provides an update on expert witnesses providing concurrent evidence from the “hot-tub”

  • An analysis of The Civil Justice Council’s recommendations for concurrent evidence, or “hot-tubbing”, following the release of its most recent report.

Concurrent evidence, or “hot-tubbing”, is the practice of taking the evidence of the experts on both sides together, concurrently, instead of separately as part of the claimant’s case and the defendant’s case respectively. The Civil Justice Council (CJC) has issued a report, Concurrent Expert Evidence and “Hot-tubbing” in English Litigation since the “Jackson Reforms”, 1 August 2016. Seeking to publicise and to encourage the practice, to overcome the reluctance to try something new, the CJC recommends a redraft of the relevant PD35.11, and a New Guidance Note for Judges and Practitioners, and a new Information Note for Expert Witnesses.

Advantages of the hot tub

Judges and the experts like the system. An agenda is prepared by all the participants. The judge finds that he can more readily get to the real issues and the real merits.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll