Preliminary issue

The court has the power to order the trial of specific and carefully defined issues, the determination of which is likely to resolve the case altogether or to prompt the settlement of the litigation as a whole (CPR 3.1(2)(l)). Preliminary issues should usually be questions of law, decided against a schedule of agreed or assumed facts (see McLoughlin v Jones [2001] EWCA Civ 1743). For example, in a claim for malicious falsehood, the court may order the trial of the falsity of the relevant words, if the preliminary determination would assist the parties to resolve the dispute and save costs.

For more information, see Practice note, Trial of a preliminary issue: an overview.