header-logo header-logo

24 March 2011 / Charles Lazarevic
Issue: 7458 / Categories: Features , Expert Witness , Profession
printer mail-detail

In at the deep end

Charles Lazarevic weighs up the pros and cons of life in the hot tub

“Hot tubbing” or “witness conferencing” is where two or more expert witnesses are sworn in simultaneously and participate in a discussion chaired by a judge. The procedure is new to UK civil courts and may evolve with time, although it has become established in arbitrations, where some arbitral bodies’ rules have permitted concurrent expert evidence for some time..

What is concurrent expert evidence?

The experts issue written reports and usually meet pre-trial to identify points of agreement/disagreement. At trial, the experts are sworn in simultaneously and the judge chairs a discussion between them. If a joint statement has been prepared, the matters upon which the experts disagree serve as the agenda. After the judge has put his questions, counsel can then usually question the experts. The experts can also question each other. Another variation allows for a conventional cross-examination by counsel before the judge puts his questions and chairs the discussion. The expert should be given the

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll