P – Preliminary issue
6/12/17
WENTWORTH SONS SUB-DEBT SARL v LOMAS [2017] EWHC 3158 (Ch)
Summarises principles to be applied in considering whether to order deter mination of a preliminary issue [32].
26/4/13
VARNEY v FORD MOTOR COMPANY LTD (Ch)
The court refused to order trial of a preliminary issue in large group litigation where to do so might lead to inappropriate assumptions being made at the main hearing, some witnesses might be required to give evidence twice, and it was likely to be quicker to have all issues decided at the same time.
31/1/13
ALDERSGATE ESTATES LTD v HAM CONSTRUCTION LTD [2013] EWHC 104 (TCC)
Considers when it may be appropriate to order determination of preliminary issues. Factors identified in Steele v Steele (2001) were not necessarily exclusive. Agreement of the parties would also be relevant. On the facts a preliminary issue on quantum was inappropriate having regard to the applicant’s delay and the fact that determination of the issue was unlikely to save costs or lead to settlement.