The argument often raised to justify certain decisions of a procedural nature is that the principle of proportionality set out by the legislator in the Code of Civil Procedure (“C.C.P.”) must be upheld. However, we should exercise caution and avoid relying solely on this principle, particularly when deciding whether to appoint a joint expert. At least, that’s what we might take away from Webasto v. Transport TFI6 following a judgment delivered by the Court of Appeal.

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