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What are likely to be the advantages and disadvantages in terms of trial preparation and management
What are likely to be the advantages and disadvantages in terms of trial preparation and management
I have already referred to the additional disclosure, witness evidence and expert evidence that could be avoided for the main trial, if special damages are dealt with separately.
If causation and remedy issues are determined at the joint trial, I acknowledge this would, inevitably, increase the number of issues the court has to resolve, and an already complex and lengthy trial would be extended further. However, the impact in this regard would be limited compared to the large impact that would occur if the evidentially complex special damages claim were also to be included. I have already explained why evidence relating to the general damages and causation issues are unlikely to be extensive.
Of course, I also bear in mind the impact of there being a second trial if Mr Odey were to proceed on liability. However, in terms of the special damages claim, it does not seem to me that this way of splitting matters would take up a significantly greater share of the court's resources overall in light of the observations I have already made in respect of the first factor.
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- 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