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16 October 2015 / Alec Samuels
Issue: 7672 / Categories: Features , Profession
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In it together?

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

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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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