Charles Lazarevic weighs up the pros and cons of life in the hot tub
“Hot tubbing” or “witness conferencing” is where two or more expert witnesses are sworn in simultaneously and participate in a discussion chaired by a judge. The procedure is new to UK civil courts and may evolve with time, although it has become established in arbitrations, where some arbitral bodies’ rules have permitted concurrent expert evidence for some time..
What is concurrent expert evidence?
The experts issue written reports and usually meet pre-trial to identify points of agreement/disagreement. At trial, the experts are sworn in simultaneously and the judge chairs a discussion between them. If a joint statement has been prepared, the matters upon which the experts disagree serve as the agenda. After the judge has put his questions, counsel can then usually question the experts. The experts can also question each other. Another variation allows for a conventional cross-examination by counsel before the judge puts his questions and chairs the discussion. The expert should be given the applicable rules and required format on their appointment and be provided
