header-logo header-logo

16 October 2015 / Alec Samuels
Issue: 7672 / Categories: Features , Profession
printer mail-detail

In it together?

Alec Samuels examines the ins & outs of hot-tubbing

“Hot-tubbing” is the idiomatic or picturesque phrase for experts giving their evidence concurrently, ie both together in the witness box. The practice is still very uncommon in England, very rare in medical cases, but beginning to be used in engineering and construction disputes in arbitration and in the Technical and Construction Court, and even in the Family Court.

Procedure

There are so far no specific rules governing the procedure. Clearly the factual basis of the case needs to be set out first. Each side could call their principal lay witness, to be examined, cross-examined and re-examined. Or, more in accordance with modern practice, the written statements could be put in, so as in effect to set the scene. The respective experts would then be taken together.

The judge will question the experts, taking topic by topic, putting the same question to each expert in turn. At the end of the questioning on each topic the judge will invite the respective advocates to further question the experts, a sort

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll