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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll