THE OVERLAP
THE OVERLAP
It is common ground that there is an overlap between the libel claim and the PI claims. This is because firstly, all five of the claimants in the PI claims are witnesses for The FT in relation to its defence of truth in the libel claim. The pleaded PI claims are based on the same facts as the allegations relied upon in The FT's Defence of the libel claim. The accounts of the PI claimants are pleaded in The FT's Defence as follows: at paragraphs 24 to 27 in relation to JAS (who is referred to by the pseudonym "Charlotte" in the Defence of The FT); at paragraphs 28 to 30, MAM (there referred to as "Dawn"); paragraphs 34 to 37, Ms Maher; paragraphs 50 to 63, MJJ (referred to there as "Ivy"); and paragraphs 81 to 86 regarding the account of JFM (there referred to as "Nicole"). In both his Defence to the PI claim and in his Reply to the libel claim, Mr Odey says that these accounts contain false allegations.
Secondly, there is also the possibility that, if their evidence is admissible (which is not something which has yet been applied for or determined) some or all of the additional ten women who are witnesses for The FT in the libel claim may also be witnesses for the claimants in the PI claims.
Accordingly, as matters stand, it is likely that at least the five PI claimants will give evidence which is relevant to both sets of proceedings about the same events, as will Mr Odey, and this may also be the case in relation to some of the other witnesses relied upon by The FT.
- 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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