"A treacherous short cut?": article published by Herbert Smith Freehills associate on the pitfalls of preliminary issues

The determination of issues at an early stage in litigation by way of a preliminary issues hearing is a common, and sometimes very effective, case management tool. However, a number of decisions in the appellate courts have highlighted failings of preliminary issue trials. Tom Henderson has published an article in the New Law Journal which considers the recent case law, and sets out key points that parties and the court should consider when contemplating the determination of preliminary issues. Click here to download a pdf of the article.