Court denies split trial in professional negligence case

High Court Denies Split Trial in Professional Negligence Case

In a significant ruling, the High Court denied an application for a split trial in a professional negligence case involving Tatiana Soroka and the law firm Payne Hicks Beach (PHB). The case, heard by Master Kaye, revolved around allegations of negligence by PHB in advising Soroka during her divorce proceedings.

The claimant, Tatiana Soroka, alleged that PHB failed to provide crucial advice regarding the enforcement of a financial remedy order (FRO) against her ex-husband's assets, specifically a superyacht named Luna, docked in Miami. Soroka claimed that this negligence resulted in a less favourable settlement in her divorce proceedings.

PHB, represented by Patrick Lawrence KC and Lucy Colter, denied the allegations, arguing that Soroka never sought the advice she claimed was necessary. They contended that there was no breach of duty, causation, or loss.

The court considered whether to order a split trial to separate the issues of breach and duty from causation and loss. Soroka's legal team, led by Graeme McPherson KC, argued that resolving the breach and duty issues first could lead to an early settlement through alternative dispute resolution (ADR).

However, Master Kaye expressed concerns about the practicality of a split trial. The judgment highlighted the potential for overlap between the issues of breach, duty, and causation, which could complicate proceedings and result in increased costs and delays.

The court also noted the potential prejudice to the defendant and the strain on witnesses who would have to testify in two separate trials. The judgment emphasised the importance of resolving all issues in a single trial to ensure a fair and efficient process.

Ultimately, the court concluded that a split trial was not in the interests of justice. The decision underscored the need for a clear and bright line between issues to justify a split trial, which was not present in this case.

The full trial is now scheduled to take place in late 2026, nearly a decade after the events in question. This decision highlights the complexities involved in professional negligence cases and the challenges of managing lengthy litigation.

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For more information on professional negligence claims, see BeCivil's guide to Medical Negligence.