The court gave the following points for consideration as to whether to order determination of a preliminary issue. Could the determination of a preliminary issue dispose of the whole or any part of the case, or could it significantly reduce the costs? If it related to an issue of law, what was the extent of factual differences to be settled before that issue could be presented, or to what extent were the facts agreed? Would the process unreasonably fetter either party or the court later in the case? Might the enquiry increase costs, or delay, or lead to amendments in the pleadings, and was it just or right to order trial of the preliminary issue?
England and Wales
Updated: 20 May 2022; Ref: scu.89533