Britannia Building Socy. v Milborn [2006] JLR_Note 31 (17 October 2006)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Trial of Preliminary Issue
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Professional case brief
Research organized from the available case record
01
Holding and result
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
02
Material facts
Parties
Britannia Building Society
ApplicantMilborn
Respondent03
Procedural history
Posture
Civil / Trial of Preliminary Issue
04
Questions and positions
Legal issues
- 01
Whether liability issues should be determined as a preliminary issue
- 02
Allocation of costs in relation to preliminary issue trial
05
Court’s reasoning
Legal principles
- 01
civil procedure rules
Preliminary issues may be tried separately to determine liability before quantum or other matters.
06
Ratio, limits and disposition
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
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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