Gubarev & Ors v Orbis Business Intelligence Ltd & Anor

Gubarev & Ors v Orbis Business Intelligence Ltd & Anor

A split trial is not appropriate because the evidence required for serious financial loss and quantification of damages overlaps substantially, and the risks of duplication, delay, and prejudice to the Defendants outweigh any potential cost savings or efficiency. The claim should proceed to a single trial of all issues.

Parties
Claimant: Aleksej Gubarev; Claimant: Webzilla B.V.; Claimant: Webzilla Limited; Defendant: Orbis Business Intelligence Limited; Defendant: Christopher Steele
Jurisdiction
England and Wales
Judgment Date
31 January 2019
Procedural Posture
Defamation / Ruling on Application for Split Trial
Outcome
application for split trial dismissed
Legal Topics
Split Trial, Serious Harm, Special Damages, Qualified Privilege, Case Management
Defamation Civil Procedure Split Trial Serious Harm Special Damages Qualified Privilege Case Management

Case Brief

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Parties

Aleksej Gubarev

Claimant

Webzilla B.V.

Claimant

Webzilla Limited

Claimant

Orbis Business Intelligence Limited

Defendant

Christopher Steele

Defendant

Procedural Posture

Defamation / Ruling on Application for Split Trial

Legal Issues

  1. 1 Should the proceedings be split into separate trials for liability and quantum?
  2. 2 Is there sufficient distinction between evidence required for serious financial loss and quantification of damages?
  3. 3 Would a split trial prejudice either party or increase costs and delay?

Ratio Decidendi

A split trial is not appropriate because the evidence required for serious financial loss and quantification of damages overlaps substantially, and the risks of duplication, delay, and prejudice to the Defendants outweigh any potential cost savings or efficiency. The claim should proceed to a single trial of all issues.

Court Disposition

application for split trial dismissed

Orders

  • Parties to attempt to agree directions for a single trial of all issues.
  • If not agreed, directions to be determined at a Case Management Conference.