Mohan v Graham, Graham & Mcgrath [2005] NIQB 8 (17 February 2005)

Mohan v Graham, Graham & Mcgrath [2005] NIQB 8 (17 February 2005)

On the particular facts and in light of authorities, the proper course is to grant the application for a split trial, with liability to be tried first.

Citation
[2005] NIQB 8
Parties
Plaintiff: Francis Mohan; Defendants: Graham, Graham & McGrath; Third Defendant: McGrath
Jurisdiction
Northern Ireland
Judgment Date
17 February 2005
Procedural Posture
Appeal From Master / Application for Split Trial Under Order 33 Rule 3
Outcome
Application for split trial granted; liability to be tried first.
Legal Topics
Split Trial, Liability, Quantum, Costs
Civil Procedure Personal Injury Split Trial Liability Quantum Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Francis Mohan

Plaintiff

Graham, Graham & McGrath

Defendants

McGrath

Third Defendant

Procedural Posture

Appeal From Master / Application for Split Trial Under Order 33 Rule 3

Legal Issues

  1. 1 Whether the trial should be split between liability and quantum
  2. 2 Whether the issue of liability should be tried first

Ratio Decidendi

On the particular facts and in light of authorities, the proper course is to grant the application for a split trial, with liability to be tried first.

Court Disposition

Application for split trial granted; liability to be tried first.

Orders

  • Issue of liability to be tried first under Order 33 rule 3.
  • First and second defendants to have their costs above and below, not to be enforced without further order.