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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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