Supreme Court Gives Guidance On Modular Trials

Introduction

Modular trials can be a feature of litigation in Ireland before the Commercial List of the High Court. Numerous authorities have set down the rationale for imposing modular trials and have determined the test to be applied when considering whether a particular case is appropriate for or susceptible to modular trials. However, the Supreme Court recently issued its views on the holding of modular trials in the context of an appeal from a Commercial Court decision of Judge Charleton in Weavering Macro Fixed Income Fund Ltd v PNC Global Inv Servicing (Europe) Ltd.¹

Background

During its ruling, in which it directed that a modular trial take place in respect of eight issues, the Commercial Court identified trends in litigation practices which have resulted in litigation becoming increasingly unwieldy and expensive. In acknowledging the Commercial List rules which permit improved case management, and on reviewing prior authorities, the court identified