Preliminary Issues Appeals

Preliminary issues Appeals in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]When considering whether or not to order a Preliminary Issues hearing, the Technology and Construction Court will take into account the effect of any possible appeal against the Preliminary Issues judgment, and the concomitant delay caused. At the time of ordering preliminary issues, both the parties and the Technology and Construction Court should specifically consider whether, in the event of an appeal against the Preliminary Issues judgment, it is desirable that the trial of the main action should (a) precede or (b) follow such appeal. It should be noted, however, that the first instance court has no power to control the timetable for an appeal. The question whether an appeal should be (a) expedited or (b) stayed is entirely a matter for the Technology and Construction Court of Appeal. Nevertheless, the Technology and Construction Court of Appeal will take notice of any “indication” given by the lower court in this regard.