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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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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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