Tatiana Soroka v Payne Hicks Beach (A Firm)
There is no sufficiently clear bright line between breach/duty and causation/loss in this case. The risks of overlap, delay, increased costs, prejudice to witnesses, and lack of enhanced settlement prospects outweigh any potential benefits. The overriding objective and good case management require all issues to be determined together in a single trial.
- Parties
- Claimant: Tatiana Soroka; Defendant: Payne Hicks Beach (A Firm)
- Jurisdiction
- England and Wales
- Judgment Date
- 18 March 2025
- Procedural Posture
- Professional Negligence / Ruling on Application for Split Trial at Case Management Conference
- Outcome
- Claimant's application for a split trial refused.
- Legal Topics
- Split Trial, Case Management, Breach of Duty, Causation, Loss, ADR, Disclosure, Expert Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Tatiana Soroka
Claimant
Payne Hicks Beach (A Firm)
Defendant
Procedural Posture
Professional Negligence / Ruling on Application for Split Trial at Case Management Conference
Legal Issues
- 1 Whether a split trial should be ordered to determine breach and duty before causation and loss
- 2 Whether there is a clear bright line between breach/duty and causation/loss issues
- 3 Whether a split trial would enhance prospects of settlement or ADR
Ratio Decidendi
There is no sufficiently clear bright line between breach/duty and causation/loss in this case. The risks of overlap, delay, increased costs, prejudice to witnesses, and lack of enhanced settlement prospects outweigh any potential benefits. The overriding objective and good case management require all issues to be determined together in a single trial.
Court Disposition
Claimant's application for a split trial refused.
Orders
- Full trial to be listed in a window commencing October 2026.
- Claimant ordered to respond to Defendant's second Request for Further Information by 28 March 2025.
Full Case Text
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