Modular Trials: New Rules And Old Guidance

Introduction

The Irish courts have recognised the possibility of modular trials, where a specific or discrete module of the proceedings might be tried in and of itself, independently of any other aspects of the proceedings, as being appropriate in certain circumstances. While the adoption of case management powers under the Commercial Court Rules in 2004 might be seen as the genesis of the modular trial,¹ cases have subsequently recognised that the Irish courts have a general and inherent jurisdiction to order their own business.² New court rules which come into force in October 2016 formally set out the jurisdiction of the High Court to direct modular trials. It is thus worthwhile to consider the factors likely to be considered if a modular trial is proposed as part of a case.