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England and Wales decisions
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The Commercial Court ordered a split trial in a large franchise dispute with Vodafone, and allowed dual claimant representation subject to strict cost safeguards.
The court refused a full adjournment after the BSR rejected the claimant’s remedial scheme, but split the case so June 2026 would proceed on liability only.
The appellants complied with the unless orders by giving the required instructions and serving the schedule produced by the e-disclosure provider; the orders did not require them to guarantee completeness or accuracy of the schedule. The strike out and debarring of defences was disproportionate as the judge failed to consider less draconian alternatives such as further unless orders, especially given the progress made and the limited scope of obligations. The appeal is allowed, orders set aside, and the matter remitted for re-trial.
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California State Teachers' Retirement System & Ors v Boohoo Group PLC [2026] EWHC 335 (Comm) (10 February 2026)
At the first CMC in a Boohoo s.90A FSMA claim, the court ordered reliance to be tried at Trial 1, refused narrative and early disclosure requests, and made further case-management directions.
The strike out application was refused because there was no material benefit to be gained, the legal issue of aggregation is nuanced and should be determined at trial, and the discretion under CPR 3.4(2)(a) was exercised to allow both parties to argue their full cases. The split trial proposal was rejected because there was no clean split of issues, significant overlap and cannibalisation in product revenues, and the risks of increased costs, delay, and complexity outweighed any potential advantages.
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Parsons v Convatec Ltd (Re Strike Out and Split Trial Issues) [2026] EWHC 98 (Pat) (21 January 2026)
The Patents Court refused Dr Parsons’ strike out application and rejected Convatec’s split-trial proposal in a section 40 Patents Act compensation claim.
Limbu & Ors v Dyson Technology Ltd & Ors [2026] EWHC 38 (KB) (14 January 2026)
Case management decision in migrant-worker claims against Dyson: the court orders lead claimants and a liability trial, but excludes unjust enrichment for now.
Odey v The Financial Times Ltd [2025] EWHC 2621 (KB) (25 July 2025)
The High Court declined to stay five sexual assault PI claims and ordered a joint trial of overlapping liability issues with a libel claim. Special damages were split off.
IPJSC United Company Rusal v Whiteleave Holding Ltd & Ors [2025] EWHC 1995 (Comm) (10 July 2025)
At the first case management conference, the High Court allowed alternative service on Roman Abramovich, permitted a pleading amendment, and refused a split trial.
Pashamov v Taylor & Anor [2025] EWHC 1644 (KB) (30 June 2025)
The High Court made a Sanderson order after a liability trial, requiring the Second Defendant to pay the First Defendant’s costs and the Claimant’s costs of pursuing him.
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