Alec Samuels provides an update on expert witnesses providing concurrent evidence from the “hot-tub”
- An analysis of The Civil Justice Council’s recommendations for concurrent evidence, or “hot-tubbing”, following the release of its most recent report.
Concurrent evidence, or “hot-tubbing”, is the practice of taking the evidence of the experts on both sides together, concurrently, instead of separately as part of the claimant’s case and the defendant’s case respectively. The Civil Justice Council (CJC) has issued a report, Concurrent Expert Evidence and “Hot-tubbing” in English Litigation since the “Jackson Reforms”, 1 August 2016. Seeking to publicise and to encourage the practice, to overcome the reluctance to try something new, the CJC recommends a redraft of the relevant PD35.11, and a New Guidance Note for Judges and Practitioners, and a new Information Note for Expert Witnesses.
Advantages of the hot tub
Judges and the experts like the system. An agenda is prepared by all the participants. The judge finds that he can more readily get to the real issues and the real merits. He conducts the questioning, he ensures that the same questions
