Preliminary issues or split trials: practitioner checklist for applications and opposition, including demarcation (liability/quantum), disclosure needs, costs, prejudice, witnesses, ADR, stage of proceedings and trial management
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The following provides a list of considerations that are useful to be explored when determining whether to make an application for a preliminary issues trial or split trial, or when seeking to oppose an application for one.
Where a preliminary issues trial or a split trial is contemplated or resisted, ensure there is a distinct separation between the matters to be dealt with at each hearing, should such a course be ordered. Keep in mind that the court will consider the full circumstances of the dispute in deciding whether to make any such order. Accordingly, any list of points to weigh up serves only as an initial guide, and you will need to allow for considerations that are specific...
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Web page updated on 26/05/2026
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