CPL Ltd v CPL OPCO (Trinidad) Ltd & Anor

CPL Ltd v CPL OPCO (Trinidad) Ltd & Anor

The degree of factual overlap between the proposed preliminary issue and the main claim, the need for the same witnesses, and the risk of delay and increased costs outweigh any potential benefit of ordering a preliminary issue trial. The application is refused.

Parties
Claimant: CPL Limited; First Defendant: CPL Opco (Trinidad) Limited; Second Defendant: Pettigo Comercio Internacional LDA
Jurisdiction
England and Wales
Judgment Date
27 February 2017
Procedural Posture
Civil / Application for Trial of Preliminary Issue at Costs and Case Management Conference
Outcome
Application refused
Legal Topics
Preliminary Issues, Case Management, Contract, Guarantee, Collateral Contract
Civil Procedure Preliminary Issues Case Management Contract Guarantee Collateral Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

CPL Limited

Claimant

CPL Opco (Trinidad) Limited

First Defendant

Pettigo Comercio Internacional LDA

Second Defendant

Procedural Posture

Civil / Application for Trial of Preliminary Issue at Costs and Case Management Conference

Legal Issues

  1. 1 Whether to order a trial of a preliminary issue regarding the second defendant's liability under an alleged oral collateral contract
  2. 2 Whether the preliminary issue would be determinative of the claim against the second defendant
  3. 3 Whether there is sufficient separation between the factual issues for a preliminary trial

Ratio Decidendi

The degree of factual overlap between the proposed preliminary issue and the main claim, the need for the same witnesses, and the risk of delay and increased costs outweigh any potential benefit of ordering a preliminary issue trial. The application is refused.

Court Disposition

Application refused

Orders

  • No order for trial of preliminary issue