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Case No: KB-2024-001562, KB-2024-001194
KB-2024-001198, KB-2024-001164, KB-2024-001151
KB-2023-003397
MEDIA AND COMMUNICATIONS LIST
Royal Courts of Justice
Strand
London, WC2A 2LL
BEFORE:
MRS JUSTICE HEATHER WILLIAMS
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BETWEEN:
ROBIN CRISPIN ODEY
Claimants
- and -
THE FINANCIAL TIMES LIMITED
Defendants
- and -
(1) JFM
(2) MAM
(3) JAE ANNE MAHER
(4) MJJ
(5) JAS
Claimants
- and -
(1) ROBIN CRISPIN ODEY
(2) ODEY ASSET MANAGEMENT LLP
Defendant
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JUDGMENT
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- Heading
- WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the pub
- THE LIBEL CLAIM
- THE PI CLAIMS
- THE OVERLAP
- THE EVIDENCE BEFORE ME
- MATTERS RAISED AT THE OUTSET OF THE HEARING
- THE PARTIES' POSITION IN SUMMARY
- THE LEGAL FRAMEWORK
- Stay of proceedings
- Split Trials
- Limitation
- THE PARTIES’ SUBMISSIONS
- The PI claimants
- Mr Odey
- CONCLUSIONS - THE STAY APPLICATION AND THE JOINT TRIAL PROPOSAL
- CONCLUSIONS - THE SPLIT TRIAL APPLICATION
- Whether the prospective advantage of saving the costs of an investigation if liability is not established outweighs the likelihood of increased aggregate cost if liability is established and a further
- What are likely to be the advantages and disadvantages in terms of trial preparation and management
- Would a split trial impose unnecessary inconvenience or strain on witnesses who may be required in both trials
- Would a single trial to deal with both liability and quantum lead to excessive complexity and diffusion of issues, or place an undue burden on the judge hearing the case
- Would a split trial cause prejudice to one or other party
- Are there difficulties in defining an appropriate split, or is a clean split possible
- What weight is to be attached to the risk of duplication, delay and the disadvantages of the bifurcated appellate process
- Generally, what is perceived to offer the best course to ensure that the whole matter is adjudicated as fairly, quickly and effectively as possible
- CONCLUSIONS - SCOPE OF THE JOINT TRIAL
- The PI Claims
- Conclusions
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