Dentskevich v Strachan (Royal Court : Hearing (Civil)) [2025] JRC 053 (25 February 2025)
The demarcation between liability and quantum is not clear due to contributory negligence and interaction of issues; requirements for split trial are not met. Plaintiff's application for split trial is dismissed. Directions for exchange of witness statements and accident expert evidence are amended, but all other previous orders remain in force.
- Citation
- [2025] JRC 053
- Parties
- Plaintiff: Mr Dentskevich; Defendant: Ms Strachan
- Jurisdiction
- Jersey
- Judgment Date
- 25 February 2025
- Procedural Posture
- Personal Injury / Case Management Hearing on Application for Split Trial and Variation of Directions
- Outcome
- Plaintiff's application for split trial dismissed.
- Legal Topics
- Split Trial, Case Management, Contributory Negligence, Medical Evidence, Compliance With Court Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Dentskevich
Plaintiff
Ms Strachan
Defendant
Procedural Posture
Personal Injury / Case Management Hearing on Application for Split Trial and Variation of Directions
Legal Issues
- 1 Whether a split trial on liability and quantum should be ordered
- 2 Whether directions for exchange of witness statements and medical evidence should be varied
Ratio Decidendi
The demarcation between liability and quantum is not clear due to contributory negligence and interaction of issues; requirements for split trial are not met. Plaintiff's application for split trial is dismissed. Directions for exchange of witness statements and accident expert evidence are amended, but all other previous orders remain in force.
Court Disposition
Plaintiff's application for split trial dismissed.
Orders
- Witness statements of fact on liability only to be exchanged by 10 March 2025.
- Expert evidence from Accident Collision Expert to be exchanged by 11 April 2025.
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