In edition 152 of BC Disease News we reported on the Civil Justice Council’s review of hot-tubbing, noting its findings that its use was improving quality, saving trial time and helping judges determine disputed issues.
It has now been reported that the Expert Witness Institute (EWI) has carried out a poll of 154 experts showing similar findings.[i]
Although only 15% had been involved in hot-tubbing, those that had agreed that it assisted the court to determine disputed issues of expert evidence, reduced the length of the trial and saved costs. Additionally, it was reported that hot-tubbing was being used in mediation and early neutral evaluations.
Elsewhere, the poll revealed that half of the 154 experts claimed to have seen the number of instructions received go up over the past year, with a third seeing their fees rise. A fifth of those polled reported an increase in orders for single joint experts with 37% approving of the change in approach.
There were significant issues identified with solicitors paying experts late and experts being pressured to change a report. Only 10% said they were paid on time and 42% said they were paid ‘very late and only after a lot of chasing’.
The findings of this report suggest that Lord Justice Jackson was correct in his prediction earlier this year, that the use of hot-tubbing would increase as the benefits become more widely accepted.
[i] Litigation Futures, ‘Good Early Signs For “Hot Tubbing”, Expert Survey Finds’ (Litigation Futures 2 November 2016)< http://www.litigationfutures.com/news/good-early-signs-hot-tubbing-expert-survey-finds> accessed 3 November 2016.