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preliminary issue


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In civil proceedings, an issue ordered to be tried before the main trial of the case. An order for the trial of a preliminary issue may be made by the court if the preliminary issue (which may be a question of law) will be decisive or potentially decisive in the case. Under Part 3 of the Civil Procedure Rules the court has the power to dismiss or give judgment on a claim after a decision on a preliminary issue.

Subjects: Law.


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