In expert is one who is skilled in a particular field, trade, trait, profession and his personal experience very often help the Court to adjudicate the dispute. However, some time on account of biasness and lengthy process of examination the very purpose of taking assistance of expert get defeated. In view thereof, Lord Jackson a famous Judge of Australia propagated the technique of ‘Hot-Tubbing’ that’s why aforesaid technique is also called as ‘Jackson Reform’.

Hot-Tubbing is a technique where the Court call upon the expert witnesses to give evidence and for cross-examination concurrently. It is the process of a Court to order experts to collaborate and collectively give evidence to the Court. The relevant experts are sworn in together and remain together during entirety of their evidence, which ultimately facilitates a discussion between the experts, the advocates and the Judges which helps to narrow the scope of dispute. ‘Hot- Tubbing’ narrows down the real dispute, allow all evidence to be presented to the Judge at the same time and reduces the likelihood of adversarial bias and also saves costs and time. It also reduces the chances of expert “obfuscating in an answer” as there is fear in the mind of the expert because expert knows his or her colleague can immediately expose any incorrect answer and thereafter, can also reinforce an appropriate one. Hot- Tubbing enables expert to communicate their opinions more effectively to the Court adjudicating the dispute.

Hot-Tubbing saves time of the Court and facilitate Judge to have greater focus on the issues involved and reduce opportunity for expert to obfuscate. The Judge or the Commission used to manage discussion between the experts and fare opportunity is granted to the expert to convey their opinions in their own words on a particular subject. There are certain critiques also which were Hot-Tubbing as personality driven process and also increase the adversarial nature of proceeding. In general the ‘Hot- Tubbing’ involves following steps:-

Identification of issues on which expert evidence is required

Preparation of individual expert report

Discussion between the experts in the absence of lawyers to facilitate preparation of a joint report where there is meeting of mind and the issues where there are differences and also to find out the recourse for differences.

Preparation of joint report

Expert recalled to give evidence together

Opportunity provided to expert to explain the issues in dispute. Then expert is allowed to comment on or question the other expert.

Cross examination of expert (party is permitted to rely on their own expert for clarification)

There are advantages as well as disadvantages of Hot-Tubbing, but in no uncertain terms it can be said that in technical matter it assist the Court in getting quality evidence