Following Lord Justice Jackson's recommendations we have recently witnessed one of the most significant changes in relation to the use of expert evidence. An amendment to the practice direction to Civil Procedure Rule 35 (PD 35) means that a court now has the power to order expert witnesses to give their evidence concurrently, by means of a discussion chaired by the judge – a process colloquially known as 'hot tubbing', or, more formally, witness conferencing. What does this mean and what will be the impact on the appointment of an expert witness? Many may fear that this reform is just a case of 're-arranging the deckchairs' because, as Jackson himself stated, "it is doubtful whether either lawyers or litigants or experts will welcome yet another raft of rules about expert evidence". However, there are good grounds for expecting that hot tubbing will save both time and money following a review of the use of this method in Australia – where hot tubbing was developed and has proved successful – and a pilot scheme undertaken in the Manchester Technology and Construction Court and Mercantile Court.
June 06, 2013 at 07:03 PM
1 minute read
The original version of this story was published on Legalweek
Lord Justice Jackson’s recommendations for a change in how expert witness evidence can be heard allows for a discussion between the experts and the judge, colloquially known as ‘hot tubbing’, removing cross-examinations. Shane Gleghorn examines the impact
Following Lord Justice Jackson’s recommendations we have recently witnessed one of the most significant changes in relation to the use of expert evidence.
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