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In it together

04 April 2014 / Martin Burns
Issue: 7601 / Categories: Features , Expert Witness , Profession
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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
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