What authority does the Court in England and Wales have in common?
Alberta, Canada
The following excerpt is from Ratcliffe v. Nakonechny, 2003 ABQB 667 (CanLII):
The conflicting authority stems from a 1974 English Court of Appeal decision in which Lord Denning held that “[i]n future the courts should be more ready to grant separate trials than they used to do. The normal practice should still be that liability and damages should be tried together. But the courts should be ready to order separate trials wherever it is just and convenient to do so” (Coenen v. Payne [1974] 2 All E.R. 1109 at 1112 [Coenen]). This case is cited for the “just and convenient” test.
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