![[2025] EWHC 2621 (KB)](https://backend.juristeca.com/files/emisores/logo_AJKZXmE.png){kind=logo}
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
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 publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.
A P P E A R A N C E S
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MR A SPEKER KC, MR G DE WILDE (instructed by Gardner Leader LLP) appeared on behalf of the Claimants (Libel Claim)
MR G MILLAR KC, MS C HAMER (instructed by Reynolds Porter Chamberlain) appeared on behalf of the Defendants (Libel Claim)
MS E GUMBEL KC (instructed by Fieldfisher) appeared on behalf of the Claimants (PI Claim)
MR M KENT KC (instructed by Gardner Leader LLP) appeared on behalf of Defendants (PI Claim)
MRS JUSTICE HEATHER WILLIAMS: There are two sets of proceedings before me. A claim for libel brought by Mr Odey against the publishers of The Financial Times ("FT" and "the Libel Claim"), and five personal injury claims brought against Mr Odey and in one instance, his then hedge fund, Odey Asset Management LLP ("OAM" and "the PI Claims").
There are two applications listed for my determination pursuant to the order made by Steyn J on 3 June 2025. They are, firstly, by application notice dated 13 May 2025, The FT's application for a split trial of liability on the one hand, and quantum and other remedies on the other ("the split trial application") and secondly, by application notice dated 15 May 2025, the PI claimants’ application for a stay of their claims until after the outcome of the liability trial in the libel claim ("the stay application").
I heard submissions in relation to these applications on Friday, 18 July. As submissions took the majority of the court day, I indicated that I would deliver a read out judgment today, 25 July 2025.
- 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