§ Mr. DismoreTo ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to ensure that the instruction of two counsel in the same case by litigants is permitted only in cases of sufficient complexity to merit two counsel. [91585]
§ Mr. VazAll litigants have the right to choose their own counsel in civil cases, including the number of counsel. The Civil Procedure Rules, while retaining this principle, set out an overriding objective of proportionality. If a party uses counsel in a way which is disproportionate to the nature, complexity or value of the claim, or to the financial position of the other party, the court could, for example, refuse to award the payment of the excessive costs.