Hot Tubs In All English Courts?

Is hot-tubbing working? Further to the Civil Justice Council's report on the use of 'hot-tubbing', we consider whether a different approach to expert evidence is likely to gain traction in the English courts.

The report by the Civil Justice Council (the "Report") provides an insight into the way in which the process of concurrent expert evidence (also known as hot-tubbing) is operating, and the popularity and perceived effectiveness of the process. The Report is based on a survey carried out with members of the judiciary, legal practitioners and expert witnesses.

Since 1 April 2013, the English court has been able to order that oral evidence from experts at trial be given concurrently (hot-tubbing). Concurrent evidence is most commonly used in specialist courts, where evidence on highly technical matters is required, and involves experts from each side giving evidence at the same time and in each other's presence with the judge initiating the discussion. The