Jackson LJ advocates increased usage of concurrent expert evidence or “hot tubbing” in England and Wales, primarily based on anecdotal experiences of trial time, costs savings and the facilitation of the writing of judgments.
The process has been common in Australia in competition, land and environment cases for many years. It has become the default position in a broader range of claims over the past ten years, for example in common law claims in New South Wales.
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Every year the Association of Costs Lawyers undertakes a survey of members. This year we received 126 responses, which amounts to more than a fifth of our membership. Continue reading
In the aftermath of the EU referendum, observers of British politics have been treated to a Shakespearean orgy of bloodletting, mud-slinging, defenestrating, and back-stabbing. Lawmakers of all parties are settling scores and jostling for position.
In the absence of political leadership, it seems prescient that on 23 June 2016, the day of the referendum itself, Sir Peter Gross (a Court of Appeal judge and former Senior Presiding Judge) delivered a lecture on “Judicial Leadership”. The speech had four themes: developing the law, developing procedure (case management), reform of the justice system, and “Domestic Society and Foreign Relations”. This blog post offers some observations on his speech. Continue reading