New expert witness scheme

Article Type: Newsbriefs From: Structural Survey, Volume 29, Issue 1

Keywords: Expert witness, Concurrent evidence, Pilot study

A pilot of a new system of giving expert witness evidence is to take place at the Manchester Technology and Construction Court and Mercantile Court soon. The scheme involves so called “hot-tubbing”, the slang expression for concurrent evidence, where expert witnesses give evidence together rather than appearing on the stand separately. Simon Andrew, a partner in Scanlans Consultant Surveyors LLP commenting on the pilot said: “It means the experts can discuss their evidence with the Judge, rather than respond to cross examination, so are more likely to arrive at common areas of agreement. We certainly welcome this as we will be able to express our opinions freely rather than being confined to answering the questions of the advocates. There is less opportunity for our evidence to be distorted by an advocate or misunderstood by the judge”. Andrew also pointed out that the extensive use of “hot-tubbing”in Australian courts has saved courts considerable time and costs.