Corbin v Dorynek and Flath [2020] JRC 031 (18 February 2020)

Corbin v Dorynek and Flath [2020] JRC 031 (18 February 2020)

A split trial on liability and quantum is appropriate due to the clear demarcation between liability and damages, the complexity and delay in quantum, and the benefit of early determination of liability. The application for a preliminary issue on limitation of liability is refused because it cannot be determined on agreed or assumed facts, requires expert evidence, and would likely cause further delay and appeals.

Citation
[2020] JRC 031
Parties
Plaintiff: Mr Corbin; Defendant: Mr Dorynek; Defendant: Mr Flath
Jurisdiction
Jersey
Judgment Date
18 February 2020
Procedural Posture
Personal Injury Claim Arising From Maritime Collision / Interlocutory Application for Split Trial and Preliminary Issue
Outcome
Split trial on liability ordered; application for preliminary issue on limitation of liability refused.
Legal Topics
Negligence, Contributory Negligence, Limitation of Liability, Split Trials, Preliminary Issues
Tort Maritime Law Civil Procedure Negligence Contributory Negligence Limitation of Liability Split Trials Preliminary Issues

Case Brief

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Parties

Mr Corbin

Plaintiff

Mr Dorynek

Defendant

Mr Flath

Defendant

Procedural Posture

Personal Injury Claim Arising From Maritime Collision / Interlocutory Application for Split Trial and Preliminary Issue

Legal Issues

  1. 1 Whether a split trial on liability and quantum should be ordered
  2. 2 Whether a preliminary issue on limitation of liability under Shipping (Jersey) Law 2002 should be determined at the same time as liability

Ratio Decidendi

A split trial on liability and quantum is appropriate due to the clear demarcation between liability and damages, the complexity and delay in quantum, and the benefit of early determination of liability. The application for a preliminary issue on limitation of liability is refused because it cannot be determined on agreed or assumed facts, requires expert evidence, and would likely cause further delay and appeals.

Court Disposition

Split trial on liability ordered; application for preliminary issue on limitation of liability refused.

Orders

  • Parties to agree directions to progress to trial on liability
  • Further orders to be agreed regarding discovery, with protection for commercially sensitive information