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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 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
Whilst I consider that an experienced High Court judge would be able to deal with a single trial if needs be, given the multiplicity of issues to be determined at the joint trial and the complex nature and extent of the special damages claim, a separate trial addressing special damages would significantly reduce the overall complexity of the main trial. Given the much more limited nature of the general damages and causation issues, I do not consider their inclusion in the joint trial gives rise to a comparable concern.
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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