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24 March 2011 / Charles Lazarevic
Issue: 7458 / Categories: Features , Expert Witness , Profession
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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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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