What is the case law on separate trials?
Yukon, Canada
The following excerpt is from Pitzel v. Deasty, 2003 YKSC 1 (CanLII):
He quotes Lord Denning in Coenen v. Payne, [1974] 2 All E.R. 1109 at p. 1112, who says three things. First, “In future the courts should be more ready to grant separate trials than they used to do.” And later, “The normal practice should still be that the liability and damages should be tried together.” And returning to the first phrase, then says, “But the courts should be ready to order separate trials whenever it is just and convenient to do so.”
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