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25 January 2013 / Mark Solon
Issue: 7545 / Categories: Features , Expert Witness , Profession
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In hot water?

The pressure is on expert witnesses to swat up on hot tubbing, says Mark Solon

While the term hot tubbing is familiar to a small bubble of expert witnesses, in fact if you ask the average litigator what it entails many will still be at a loss to answer.

There are good reasons to know. Hot tubbing, or concurrent expert evidence, appears likely to take off after Lord Justice Jackson recommended that it be piloted in the UK courts in his 2010 report into civil litigation costs.

Last year saw the conclusion of a successful pilot in the Manchester Technology Court and Mercantile Court led by His Honour Judge Waksman QC. The report into the pilot concluded that hot tubbing increased the efficiency of the process and the ease with which evidence can be given and differences of views examined and assessed.

It found that procedure encourages representatives, experts and the judge to focus on the issues prior to the trial and to clearly identify areas of disagreement. Time at the trial is

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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