27.—(1) Except with the leave of the court or where all parties agree, no expert evidence may be adduced at the trial or hearing of an action or matter, unless the party seeking to adduce the evidence has applied to the court to determine whether a direction should be given under rule 37, 38 or 41 (whichever is appropriate) of R.S.C. Order 38, as applied by rule 28 of this Order, and has complied with any direction given on the application.
(2) Nothing in paragraph (1) shall apply to expert evidence which is permitted to be given by affidavit or which is to be adduced in an action or matter in which no defence or answer has been filed or in proceedings referred to arbitration under section 92 of the Act.
(3) Nothing in paragraph (1) shall affect the enforcement under any other provision of these rules (except Order 29, rule 1) of a direction given under this Part of this Order.