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Trade Publication Article
Experts in the hot-tub
2013
Overview
Recent news articles in the UK have suggested that Britons have got \"the hots for hot tubs\". While that may be true, and a sad reflection on the British psyche, it may also explain the excitement among litigators in the UK in light of the introduction of new rules to allow expert witnesses to give evidence concurrently. This has for a number of years been known as hot-tubbing and this article aims to explore the new rules and review the position in Australia where hot-tubbing has been used effectively for a number of years in IP litigation. In November 2008 Lord Justice Jackson, a judge of the England & Wales Court of Appeal, was appointed to carry out a detailed review of the costs of civil litigation in England and Wales, and to make recommendations to promote access to justice at proportionate cost. Following extensive research, Lord Justice Jackson delivered his Preliminary Report in May 2009. As well as dealing with major issues of costs in civil litigation, such as litigation funding, disclosure and case management, the judge also considered the topic of expert evidence, and how the costs of such evidence could be reduced. Lord Justice Jackson made some specific suggestions: that expert reports should be exchanged sequentially, as opposed to simultaneously which was the current practice, in order to prevent the problem of \"the ships passing in the night\"; that all experts on issues of quantum should be instructed on a single joint basis; and that consideration should be given to the use of concurrent expert evidence at trial - hot-tubbing. In summary, hot-tubbing involves the parties' expert witnesses being sworn in together at trial and providing their oral testimony at the same time.
Publisher
Euromoney Institutional Investor PLC
