CIVIL LITIGATION

“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).