The ordering of separate determination of liability and damages under Part 31 rule 2 is only appropriate where there is a discrete question determinative of the litigation and the parties agree what judgment will follow. In the general run of commercial cases, separation should be refused because it leads to inefficiency, prolonged litigation, potential disqualification of the trial judge, inability to assess witnesses holistically, and inability of parties to meaningfully consider settlement without knowing the quantum at stake. Consent of both parties is not determinative.
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