Hot-tubbing

Also known as concurrent evidence. The practice of expert witnesses from the same discipline being in the witness box and available to give evidence at the same time. Instead of one party's expert giving evidence and then being cross-examined on it, and the same happening with the other party's expert from the same discipline, where hot-tubbing is ordered the relevant experts are sworn in at the same time and are available, simultaneously, for the judge to question. The procedure is set out in paragraph 11 of CPR ( www.practicallaw.com/6-107-5906) Practice Direction 35 and it is important to note that the judge can, of his own volition, order hot-tubbing at any stage in the proceedings.

Several advantages and disadvantages of hot-tubbing have been identified. For more information on these, see Practice note, Expert evidence: an overview: Hot-tubbing  ( www.practicallaw.com/1-203-0900) .

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