Kerry Underwood

SPLIT TRIALS: AN EXTINCT SPECIES?

leave a comment »


In Howard & Ors v Chelsea Yacht And Boat Company Limited (1) & The Port of London Authority (2)  [2018] EWHC 1118 (Ch)

a Chancery Division Master refused to order the trial of a preliminary issue and considered a number of Court of Appeal authorities on the point, and these are set out in paragraphs 19 to 21 of the judgment.

Any given case will be fact sensitive, but this case is in line with a recent trend of refusing split trials.

The general view is that split trials result in further delay and increased costs and have been described by the Court of Appeal as “offering a siren song to the parties”.

The starting point now appears to be that the court will refuse such an application unless there are powerful arguments for allowing it.

Advertisements

Written by kerryunderwood

June 7, 2018 at 8:26 am

Posted in Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s

%d bloggers like this: