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In it together?

16 October 2015 / Alec Samuels
Issue: 7672 / Categories: Features , Profession
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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

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NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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