Corbin v Dorynek and Flath [2022] JRC 238 (03 November 2022)

Corbin v Dorynek and Flath [2022] JRC 238 (03 November 2022)

The application for a preliminary issue was refused because it would not be just or fair to the plaintiff, would likely result in significant delay due to appeals, and would not be determinative of the whole or a substantial part of the case. The evidence required for the preliminary issue overlaps with quantum, and the plaintiff is entitled to a single trial of all outstanding issues. The risks of delay and injustice outweigh any procedural efficiency gained by splitting the trial.

Citation
[2022] JRC 238
Parties
Plaintiff: Corbin; Defendant: Dorynek; Defendant: Flath
Jurisdiction
Jersey
Judgment Date
03 November 2022
Procedural Posture
Personal Injury / Application for Preliminary Issue Prior to Quantum Trial
Outcome
application for preliminary issue refused
Legal Topics
Limitation of Liability, Definition of Ship, Preliminary Issues, Case Management
Maritime Law Personal Injury Civil Procedure Limitation of Liability Definition of Ship Preliminary Issues Case Management

Case Brief

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Parties

Corbin

Plaintiff

Dorynek

Defendant

Flath

Defendant

Procedural Posture

Personal Injury / Application for Preliminary Issue Prior to Quantum Trial

Legal Issues

  1. 1 Should the ship issue (limitation of liability under the Convention) be determined as a preliminary issue before quantum?
  2. 2 Do the jet ski and speedboat qualify as 'ships' under the Shipping (Jersey) Law 2002 and the Convention?

Ratio Decidendi

The application for a preliminary issue was refused because it would not be just or fair to the plaintiff, would likely result in significant delay due to appeals, and would not be determinative of the whole or a substantial part of the case. The evidence required for the preliminary issue overlaps with quantum, and the plaintiff is entitled to a single trial of all outstanding issues. The risks of delay and injustice outweigh any procedural efficiency gained by splitting the trial.

Court Disposition

application for preliminary issue refused

Orders

  • Single trial of all remaining issues to proceed
  • Directions for expert and factual evidence on quantum and ship issue to be followed