Berry v B.T. Trustees [2000] JLR 293 (11 September 2000)

A trial of a preliminary issue is only appropriate where it is likely to determine a substantial part of the case and save time and costs, and should not be ordered where there are disputed facts.

Citation: [2000] JLR 293
Parties: Applicant: Berry; Respondent: B. T. Trustees
Jurisdiction: Jersey
Judgment Date: 11 September 2000
Procedural Posture: Civil / Trial of Preliminary Issue
Outcome: Guidance on trial of preliminary issue provided; no final disposition on merits.
Legal Topics: Trial of Preliminary Issue, Case Management, Disputed Facts

Civil Procedure Trial of Preliminary Issue Case Management Disputed Facts

Case Brief

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Parties

Berry

Applicant

B. T. Trustees

Respondent

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

1 When is it appropriate to order the trial of a preliminary issue in civil proceedings?

Ratio Decidendi

A trial of a preliminary issue is only appropriate where it is likely to determine a substantial part of the case and save time and costs, and should not be ordered where there are disputed facts.

Court Disposition

Guidance on trial of preliminary issue provided; no final disposition on merits.