Britannia Building Socy. v Milborn [2006] JLR_Note 31 (17 October 2006)

Britannia Building Socy. v Milborn [2006] JLR_Note 31 (17 October 2006)

The court determined that liability issues could be tried as a preliminary issue and addressed the allocation of costs accordingly.

Parties
Applicant: Britannia Building Society; Respondent: Milborn
Jurisdiction
Jersey
Judgment Date
17 October 2006
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
preliminary issue on liability to be tried; costs addressed
Legal Topics
Trial of Preliminary Issue, Liability Issues, Costs
Civil Procedure Trial of Preliminary Issue Liability Issues Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Britannia Building Society

Applicant

Milborn

Respondent

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether liability issues should be determined as a preliminary issue
  2. 2 Allocation of costs in relation to preliminary issue trial

Ratio Decidendi

The court determined that liability issues could be tried as a preliminary issue and addressed the allocation of costs accordingly.

Court Disposition

preliminary issue on liability to be tried; costs addressed