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04 April 2014 / Martin Burns
Issue: 7601 / Categories: Features , Expert Witness , Profession
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In it together

Martin Burns explains hot-tubbing & how it helps judges decide cases

 

The use of experts in court proceedings has increased dramatically since John Smeaton, a civil engineer, was called to testify in court for a case related to the silting-up of the harbour at Wells-next-the-sea in Norfolk in 1782.

 

Expert testimony in today’s courts is now commonplace. Because it is usually concerned with matters that fall outside the court’s sphere of knowledge, it is often also complicated.

A frustrating process

Traditionally, when expert evidence is given, each party will call one or more expert witnesses whose evidence is intended to help the court understand complex issues and thus support a particular party’s case. Cross-examination is the traditional method for testing that evidence.

This methodology has given rise to a number of concerns. Examining counsel can take individual experts through mind-numbing minutiae of their reports and assumptions. Huge amounts of court time can be spent on cross-examination of each expert in turn. For judges and tribunals who are not experts in a particular

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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