EWJ June 61 2025 web - Flipbook - Page 116
negligence cases. It reaffirms that split trials will
remain the exception. Courts will have to consider
whether proposed divisions are workable, and
whether the savings or efficiencies are real. Where
breach, duty, causation and loss are heavily
interlinked, a split trial is unlikely to be ordered.
The decision reinforces judicial reluctance to grant
split trials without a compelling case management reason, serving as an important reminder that courts prioritise efficiency, fairness, and the overriding objective.
Captain Peter McArthur
Master Mariner, MBA, LLB (Hons)
Marine Technical, Commercial & Legal
Consultant and Expert Witness
Further Information
If you have any questions regarding this blog, please
contact Jemma Brimblecombe or Úna Campbell in
our Dispute Resolution team.
Very Experienced Technical & Commercial Consultant, Maritime Lawyer
and Marine Technologist (MNM, CMMar & CMarTech), Ship Handling
and Towage Consultant; Specialist at leveraging an extensive background
in consulting for international marine operations to provide innovative
technical solutions, to direct cargo (and STS) operations and manage
incident investigations for international shipping companies and the
offshore energy industry.
About the authors
Jemma Brimblecombe
Partner
(+44) 020 3535 1570
jbrimblecombe@kingsleynapley.co.uk
Key strengths include: leading ship-handling specialist, towing and
anchor-handling expertise, vessel hydrodynamics, confined waterway
navigation methodologies to ensure policies and processes operate at
world-class standards; utilising holistic optimisation to consider and address
all relevant factors in a comprehensive and interconnected way to improve
systems, processes, and solutions; consistently going beyond standard
expectations and requirements to continually improve difficult and potentially
legal situations for clients and employers; and, developing creative solutions
for complex circumstances to aid non-legal and non-maritime stakeholders to
understand the full context for all situations.
Jemma is widely recognised for her skills and
experience in commercial litigation. She acts for both
claimants and defendants in a wide range of sectors,
including financial services, legal services, accountancy,
and construction.
Úna Campbell (she/her)
Trainee Solicitor
+44 (0)20 3535 1689
ucampbell@kingsleynapley.co.uk
Úna is a trainee solicitor, currently sitting in the
Dispute Resolution team. She works on a wide variety
of litigation matters.
EXPERT WITNESS JOURNAL
Contact: Captain Peter J McArthur
Tel: 07811 956220 - Alternate Tel: 01978 861033 - Mobile: 07811 956220
Email: pjmcarthur43@hotmail.com - nw.interaction@hotmail.co.uk
Website: www.nwint.net
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