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 of cross-examination or re-examination but more of a process
