In the matter of II [2017] JRC 001 (04 January 2017)

In the matter of II [2017] JRC 001 (04 January 2017)

There was no clear line of demarcation between liability, causation, and quantum on the pleadings; the issues were interrelated and could not be separated for trial. The evidence of the first plaintiff would not be focused if split, and the damages claimed were not so complex as to justify a split trial. No decisive preliminary issue of law was identified, and ordering a split trial or preliminary issue would cause further delay. The interests of justice required a single trial of all issues.

Citation
[2017] JRC 001
Parties
Plaintiff: First Plaintiff; Plaintiff: Second Plaintiff; Plaintiff: Third Plaintiff; Defendant: First Defendant; Defendant: Second Defendant
Jurisdiction
Jersey
Judgment Date
04 January 2017
Procedural Posture
Civil / Interlocutory Application for Split Trial or Preliminary Issue
Outcome
Application for split trial or preliminary issue refused.
Legal Topics
Split Trial, Preliminary Issue, Case Management, Directions Hearing
Civil Procedure Split Trial Preliminary Issue Case Management Directions Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

First Plaintiff

Plaintiff

Second Plaintiff

Plaintiff

Third Plaintiff

Plaintiff

First Defendant

Defendant

Second Defendant

Defendant

Procedural Posture

Civil / Interlocutory Application for Split Trial or Preliminary Issue

Legal Issues

  1. 1 Whether a split trial or preliminary issue should be ordered in the proceedings

Ratio Decidendi

There was no clear line of demarcation between liability, causation, and quantum on the pleadings; the issues were interrelated and could not be separated for trial. The evidence of the first plaintiff would not be focused if split, and the damages claimed were not so complex as to justify a split trial. No decisive preliminary issue of law was identified, and ordering a split trial or preliminary issue would cause further delay. The interests of justice required a single trial of all issues.

Court Disposition

Application for split trial or preliminary issue refused.

Orders

  • Directions given for discovery, exchange of witness statements, and provision of expert evidence.
  • Sanctions, including possible dismissal of claim, indicated for non-compliance with directions.