Preliminary Issues Guidelines

Preliminary Issues Guidelines

Preliminary issues Guidelines in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]

The Significance of the Preliminary Issues

the Technology and Construction Court would expect that any issue proposed as a suitable Preliminary Issues would, if decided in a particular way, be capable of: • resolving the whole proceedings or a significant element of the proceedings; or • significantly reducing the scope, and therefore the costs, of the main trial; or • significantly improving the possibility of a settlement of the whole proceedings.

Oral Evidence

the Technology and Construction Court would ordinarily expect that, if issues are to be dealt with by way of a Preliminary Issues hearing, there would be either no or relatively limited oral evidence. If extensive oral evidence was required on any proposed PI, then it may not be suitable for a Preliminary Issues hearing. Although it is difficult to give specific guidance on this point, it is generally considered that a Preliminary Issues hearing in a smaller case should not take more than about 2 days, and in a larger and more complex case, should not take more than about 4 days.


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