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22 February 2007
Issue: 7261 / Categories: Case law , Law digest
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CIVIL LITIGATION

Kirkman v Euro Exide Corporation [2007] EWCA Civ 66, [2007] All ER (D) 209 (Jan)

“The aspirational objective within the Civil Procedure Rules that the parties to litigation should operate under equality of arms…has been interpreted to mean that it is desirable for each party to have permission to deploy similar resources.

Each party will, in general, be limited to instructing the same number of experts; the number will depend upon what is proportionate, bearing in mind the importance and complexities of the issues in the case. However, the desirability for equality of arms was not intended to result in an absolute rule that, in every case, the parties must be limited to calling the same number of experts.

There may be circumstances in which that general rule should give way for the sake of achieving the overriding objective of dealing with the case justly” (per Lady Justice Smith at para 14).

Issue: 7261 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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