A challenge to the court's power to grant a particular remedy does not raise a question of jurisdiction that must be determined before the court proceeds further; it may properly be left to trial as a case management decision. Claims for declaratory relief that are contingent on other findings or orders being made in the same proceedings are not hypothetical. Post-contractual conduct that cannot be relevant to the construction of the relevant agreements should be struck out even in complex managed litigation. Appellate courts will exercise particular restraint in reviewing interlocutory procedural decisions of judges managing cases in the CMC List.
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