Reducing The Cost And Inconvenience Of Litigation - Modular Or Split Trials

A party may apply to have a trial split into parts– called split trials or modular trials. This is usually in order to save costs or to avoid inconveniencing witnesses. The most common application is for liability to be determined before quantum or the Statute of Limitations to be determined before the other issues. In commercial cases, because the trial might last 20 days plus, a party might seek to have some facts determined first, perhaps giving them a chance to settle if they lose that module. Also, if modular trial is ordered, there might be reduced scope for discovery before that module thereby reducing costs.

This is well dealt with in Civil Procedure in the Superior Courts Delany & McGrath (paras. 14-43, 29-30) for the period up to December 2011. This article addresses some important caselaw since then.