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High Court directs that a modular trial be carried out in complex litigation, on the grounds that the parties agreed that there were specific issues that could be determined early in the case, which might shorten matters "by way of early knockout", including matters of European Union law that might have to be referred to the EU courts.
Plaintiff issued notice of motion dated the 24th April, 2017 seeking directions as to a modular trial - plaintiff relied on case law which established that there is jurisdiction in the court (as part of its inherent jurisdiction to regulate the manner in which a trial is conducted) to direct a modular trial such that some issues are determined ahead of others - plaintiff submits that a modular trial would be an efficient management of court time and would give rise to a saving of costs, and that the points that potentially could be distributed between the different modules are separable - one identifiable downside of modularisation at this point is the risk of deciding a hypothetical - the principle and the broad lines of possible modularisation in this case were not strongly disputed - modular trial directed.
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