Rothbart v Bridge Leisure Management Ltd

Rothbart v Bridge Leisure Management Ltd

The interests of justice are best served by splitting the trial as proposed by the claimants, with issues 1-4 to be tried first and issue 5 (remedies) to be tried subsequently if required. Mediation should be encouraged before substantial further costs are incurred. Disclosure of the Colliers file is not required outside ordinary disclosure. WhatsApp should be searched to an equivalent extent as email for relevant custodians.

Parties
Claimant: Gabriel Rothbart; Claimant: Dexter Estates Limited; Defendant: Bridge Leisure Management Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2018
Procedural Posture
Commercial / Interlocutory Judgment on Splitting Trial Issues and Directions
Outcome
split trial ordered; directions for mediation and disclosure given
Legal Topics
Split Trials, Case Management, Disclosure, Alternative Dispute Resolution
Civil Procedure Split Trials Case Management Disclosure Alternative Dispute Resolution

Case Brief

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Parties

Gabriel Rothbart

Claimant

Dexter Estates Limited

Claimant

Bridge Leisure Management Limited

Defendant

Procedural Posture

Commercial / Interlocutory Judgment on Splitting Trial Issues and Directions

Legal Issues

  1. 1 whether to order a split trial between liability and remedies
  2. 2 timing and scope of mediation
  3. 3 disclosure of Colliers file

Ratio Decidendi

The interests of justice are best served by splitting the trial as proposed by the claimants, with issues 1-4 to be tried first and issue 5 (remedies) to be tried subsequently if required. Mediation should be encouraged before substantial further costs are incurred. Disclosure of the Colliers file is not required outside ordinary disclosure. WhatsApp should be searched to an equivalent extent as email for relevant custodians.

Court Disposition

split trial ordered; directions for mediation and disclosure given

Orders

  • Trial split: issues 1-4 to be tried first, issue 5 (remedies) to be tried later if needed
  • Parties to exchange lists of available individuals for mediation and endeavour in good faith to agree, with restoration of CMC if not agreed