Wahr-Hansen v Compass Trust Company Ltd

• Jurisdiction: Cayman Islands
• Judge: (Henderson, J.)
• Judgment Date: 23 September 2005
• Date: 23 September 2005
• Court: Grand Court (Cayman Islands)

Grand Court

(Henderson, J.)

WAHR-HANSEN, ANDERS JAHRES REDERI A/S and BRIDGE TRUST COMPANY LIMITED

and

COMPASS TRUST COMPANY LIMITED and FOURTEEN OTHERS

Attorneys: Charles Adams, Ritchie & Duckworth for the plaintiffs; Appleby Spurling Hunter for the defendants.

Civil Procedure-trial of preliminary issue-appropriate issues

The trial of a preliminary issue is a useful tool for case management, but it should be used sparingly and judiciously as there are risks of delay, additional cost, duplication of evidence, inconsistent findings and there is a danger that the process will complicate and lengthen what it was supposed to simplify and shorten. The court has absolute discretion under the Grand Court Rules, O.33, r.3 whether to order a preliminary hearing and, to be suitable for preliminary determination, an issue or claim should be shown by the applicant to possess all the following characteristics:

(1) It should be discrete and not depend for its resolution on the view the court might take on other non-preliminary questions.

(2) Little, if any, evidence should be needed for its resolution.

(3) Such evidence as is needed must...