In it together

04 April 2014 / Martin Burns

Issue: 7601 / Categories: Features , Expert Witness , Profession

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 subject

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In it together

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

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

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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In it together

A frustrating process

A frustrating process

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan