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19 November 2009 / David Dabbs
Issue: 7394 / Categories: Features , Profession
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Experts in the Hot-Tub

Concurrent evidence: what’s the next step? asks David Dabbs

Among the world’s common law jurisdictions this country is considered one of the leaders in the procedural reform of expert testimony. It was not always so.

Before Cresswell J’s decision in The Ikarian Reefer (1993), courts were increasingly concerned that experts were becoming advocates for their opinions, acting more as a member of the litigation team than as objective contributors to the resolution of technical issues.

It was out of concern for the impact of adversarial bias that Part 35 of the Civil Procedure Rules declared that the expert’s underlying duty is to the court, irrespective of who called the expert. The party’s witness became the court’s witness.

In Australia, procedural reformists have taken up the baton and left us behind: “hot-tubbing”—or, to use the formal descriptive, the concurrent testimony of expert witnesses—was established there in 2005, and might be the Next Big Thing here. What is it, what does it do—and do we really need it?

Concurrent Evidence enables expert witnesses from similar

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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