header-logo header-logo

04 April 2014 / Martin Burns
Issue: 7601 / Categories: Features , Expert Witness , Profession
printer mail-detail

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

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

MOVERS & SHAKERS

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott strengthens Birmingham private client team with double appointment

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll