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What weight is to be attached to the risk of duplication, delay and the disadvantages of the bifurcated appellate process
What weight is to be attached to the risk of duplication, delay and the disadvantages of the bifurcated appellate process
I do not consider there is likely to be duplication of evidence in respect of the special damages claim, if that is hived off to a later stage, it raises discreet issues.
I accept a bifurcated appeal process is a factor to be taken into account that points in the other direction from the majority of factors that I have identified.
There is some risk of a degree of duplication if issues of causation and/or general damages when left to a second trial.
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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