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Cross-appeal did not have to await determination of issues remitted to trial court

By: Mark Tottenham BL

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Supreme Court, following case management hearing: (a) determines that a cross-appeal by a defendant should proceed, notwithstanding that matters in the substantive appeal had been remitted to the High Court for further determination; (b) determines that the extent to which the plaintiff could be fixed with liability for damage attributable to its professional advisers should be left for determination at the hearing of the cross-appeal; and (c) determines that the defendant (cross appellant) should be entitled to argue for a higher percentage of contributory negligence than the 40% awarded by the High Court, and should amend their notice of cross appeal accordingly.

Clarke CJ (nem diss): Issues raised at case management hearing - cross-appeal by defendant - issues referred back to High Court for further determination - whether cross-appeal should await High Court determination - whether plaintiff should be fixed with liability for damage attributable to its professional advisers - s.35(1)(i) of the Civil Liability Act, 1961 - contributory negligence - whether defendant precluded from seeking a higher percentage of contribution.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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