This survey concerns the process of ‘hot-tubbing’ in legal proceedings in England and Wales, and if applicable elsewhere.  This process, as described in PD 35.11.4, entails that the experts are sworn in together, that the judge (rather than counsel) initiates and leads the questions addressed to each expert witness, and that the judge either may then invite the other expert to comment on the first expert’s evidence; or may invite the experts to ask their own questions of each other.

Please note that:

A. this survey is not directed to the use of the more traditional process of what may be called 'sequential' concurrent (or ‘back to back’) evidence. Under this process, the experts are sworn in together; each expert gives his or her evidence on the disputed issues in sequence (i.e., both experts on the first issue, then the next, etc); counsel leads the examination; cross-examination and re-examination occur in the usual way; but the court may intervene to seek occasional points of clarification from those expert witnesses as and when necessary. Rather, the questions below are specifically focused upon the use of ‘hot-tubbing’;

B. hence, this questionnaire is addressed mainly to those legal representatives who have been involved in proceedings in which expert witnesses were directed to present their evidence to a court via the hot-tubbing process, in England and Wales or in another jurisdiction, and who therefore have some experience of the process. However, for those who have not had personal experience of hot-tubbing in legal proceedings, your views as to Question 10 below would be most helpful;

C. any legal representatives who have had experience of ‘hot-tubbing’ in the context of arbitration, rather than court, proceedings are also invited to answer this survey; and

D. all responses will be anonymised, unless a respondent particularly wishes for his/her comments to be attributed.

The Civil Litigation Review Working Group of the Civil Justice Council is very grateful to all who participate in this survey.  The deadline for responses is 5pm on Tuesday, 7 June 2016. A full report of the findings of the survey will be published in July 2016.