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Preliminary Issues Guidelines

Preliminary issues Guidelines in relation to the 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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(2020, 10). Preliminary Issues Guidelines lawi.org.uk Retrieved 09, 2021, from https://lawi.org.uk/preliminary-issues-guidelines/

10 2020. 09 2021 <https://lawi.org.uk/preliminary-issues-guidelines/>

"Preliminary Issues Guidelines" lawi.org.uk. lawi.org.uk, 10 2020. Web. 09 2021. <https://lawi.org.uk/preliminary-issues-guidelines/>

"Preliminary Issues Guidelines" lawi.org.uk. 10, 2020. Accesed 09 2021. https://lawi.org.uk/preliminary-issues-guidelines/

Theo Walker, 'Preliminary Issues Guidelines' (lawi.org.uk 2020) <https://lawi.org.uk/preliminary-issues-guidelines/> accesed 2021 September 26

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  • Article Name: Preliminary Issues Guidelines
  • Author: Theo Walker
  • Description: Preliminary issues Guidelines in relation to the Technology and Construction Court [rtbs [...]

This entry was last updated: October 25, 2020

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