- High Court determines that reliance issues in context of a s 90A FSMA claim should be heard at first trial
- Timing for the determination of the reliance issues
- First trial length
- Overlap between causation and reliance
- Expert evidence
- Possibility of appeals
- Litigation burden
Financial Services analysis: At a recent case management conference where a split trial was proposed by the parties in relation to a Financial Services and Markets Act 2000 (FSMA 2000), s 90A claim, the High Court has held that reliance issues should be heard at the first trial rather than held over to the second trial. Ceri Morgan, professional support consultant, Nihar Lovell, professional support lawyer, and Karen Wu, associate, at Herbert Smith Freehills, discuss the judgment and its implications.
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