Defendants failed to discharge onus of proof that family could not discharge undertaking as to costs

Commercial – interlocutory applications – family entrusted a sum of in excess of €6.96millon representing a portion of the pension funds of thirteen members of the family in trust to a solicitor and pensions advisor – misappropriation of their monies – without the family’s knowledge or consent used approximately €2.828m of their family money - to finance the purchase by an Isle of Man company of development lands – claim beneficial ownership of the company and lands – seeking an order for a modular trial to determine the issues about beneficial ownership – seeking an order that the claim be confined to a monetary claim for the sum of €2.828 m plus interest – family granted injunctions at the start of the proceedings restraining the disposal of the lands - nature and extent of the undertaking as to damages given – seeking orders to identify the extent and source of the resources to meet the undertaking as to damages – application to vacate lis pendens – application for modular trial – the pleaded claims - common features of the pleadings – legal principles concerning applications for a modular trial - unless there is good reason to the contrary, there should be a single unitary trial of all issues in the case - whether there is a logical division of the case into modules such that it is realistic to believe that such a division will lead to a saving of time and costs - whether true prejudice might be caused to any of the parties as a result of the proposed division - overlapping of evidence – prejudice – difficulty in defining the boundaries - risk that if the court were to direct a modular trial the court would be required to deal with that module on a blinkered basis and on the basis of potentially incomplete evidence and without having the full picture – application to confine the family’s claim to the monetary claim – family must elect as between them but maintain that that election can take place at the trial and following the evidence in the case – applications concerning the family’s undertakings as to damages, and fortify undertakings and to vacate the lis pendens – affidavit evidence - legal principles re undertaking as to damages – family’s undertaking as to damages is not subject to a monetary limit – delay – failed to discharge the onus of proof that the family could not discharge the liability – family prosecuting their claim bona fide – no unreasonable delay - applications for modular trial refused – applications to confine the claim to monetary value refused - applications for disclosure of the family’s resources refused - appropriate to direct the family to furnish certain further information and clarifications on affidavit in relation to the information provided concerning the cash assets of the trust – defendants have not discharged the onus of demonstrating evidentially that the plaintiffs will not be in a position to honour their undertaking as to damages –