A SPLIT TRIAL ON A PRELIMINARY ISSUE: ANOTHER CAUTIONARY TALE

A post earlier this month looked at the dangers of a court ordering a trial on a preliminary issue on a point of law.  Similar concerns were raised by Mr Justice Edwards-Stuart in Water Lilly Co Ltd -v- Clin [2016] EWHC 357 (TCC).  The judge questioned the usefulness of holding a split trial where t...

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