Trial of Specific Issues
Preliminary Point of Law
The court may order a trial of preliminary issues. It may determine  particular issues upfront so as to achieve to a more expeditious and cost efficient result. For example ,if a particular matter of law is decided in a particular way this may determine the outcome of a trial.
By consent of court or by consent of the parties on the application of either party, a point of law may be set down for hearing and disposed of at any time before the trial. If what the court decides in this preliminary issue determines the matter, it may dismiss the claim and make such other orders as may be just in the circumstances.
Separately, If it appears to the court that any question of law arises and it would  be convenient to have it decided before evidence is given or the issues of fact are tried, the court may direct a question be  raised for the opinion of the court by a special case or in such other manner as the court deems expedient. Any further proceedings which may then be thereby rendered unnecessary may be stayed.
Ordering the Preliminary Trial
The order may only be made once pleadings have been completed i.e. statement of claim and defence delivered under this power. It may be that the court has discretion to order the same at any point even before the close of the trial.
Either party may make an  application for the trial of a preliminary issue. It is most commonly applied for by the plaintiff. It may be applied for by the defendant or ordered by the court of its own motion.
A preliminary point of law is considered  on the basis of agreed or established facts. The facts must be agreed or accepted for the purpose of the trial of the point. This may be done for the purpose of the trial, without prejudice to the right to contest the facts if the determination of the preliminary issue does not dispose of the matter.
More than one preliminary issue may be tried. An order may be varied to add issues to be tried.
If the trial preliminary issues is argued on the basis of agreed facts and  if the court determines the issues in a way that disposes of the action it may make other appropriate orders including dismissing the claim.
Criteria for Order
The point of law must be limited and discreet so as to be capable of being tried by reference to the facts agreed or determined. The trial must then substantially dispose of the matter and be likely to lead to a substantial saving in time and costs.
The unitary single trial is the starting point and presumption. It is presumed that this is the best mechanism by which issues are to be determined. In order for a trial on a preliminary issue to be ordered
- the facts must not be disputed or must be agreed for the purpose of the preliminary trial
- the question of law must be discreet and can be decided on the facts e.g. statute of limitations
- there must be saving of time and cost
The greater the impact the decision on the preliminary issue is likely to have, the stronger the argument in favour of permitting it. If there would still remain issues even after the matter  is determined, this is a factor against the grant of  such an order.
Exceptionally the process may still be appropriate where the issue is substantial in its own right and it would benefit the procedure overall. The making of the order must be consistent with the overall justice of the case. The court retains discretion at all times whether or not to make the order
Preliminary Trial of Facts
The rules of court allow for trials of issues of facts without pleadings where the determination of legal entitlements depends on the resolution of discreet questions of fact between them. When parties are agreed as to the questions of fact to be determined between them, by consent with court approval, they may proceed to a trial on the questions of facts.
The court may order that on answering the questions, a sum of money fixed or to be ascertained on a question, is to be paid by one to the other with or without costs.
The questions are stated on an issue form and are tried in the same way as in an ordinary trial. Where the parties have not pre-agreed the effect of the determination, the successful party may apply for a judgement on foot of the determination.
Pre-Jury Preliminary Trial
The rules of court allow for a trial of mixed questions of fact and law by a judge alone if it appears desirable arising in any proceedings which would be heard before a judge and jury. This is limited to cases of defamation and certain assaults. It applies where there are discreet questions of fact and law that can be more conveniently tried by judge alone either in advance of or separate from the trial with a jury.
Trial of Special Case
The rules of court allow for trial of a special case by which the opinion of the court is obtained on questions of law from stated facts and documents. The parties may agree to state questions of law arising from the facts by way of a special case for the court’s opinion. A preliminary issue of law may be tried by means of a special case.
A special case is similar to a case stated. Similar procedural requirements apply. The court may rely on the documents referred to in the case. The court may draw inferences of facts from them.
The parties to a special case may agree in writing that on the judgement of the court given a sum agreed by the parties or ascertained by the court is to be paid by one of the parties to the other with or without the costs. If there is no such agreement, judgement may be entered accordingly and execution given upon the judgement. If the questions in the case answered by the court dispose of the matter the party successful party may apply for judgement accordingly.
Special Case I
The parties in a matter may agree to state questions of law arising in it in the form of a special case for the opinion of the Court. Â Every special case shall be divided into paragraphs, numbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions raised.
Upon the argument of such case, the Court and the party shall be at liberty to refer to the whole contents of the documents. The Court shall be at liberty to draw from the facts and documents stated in any special case any inference, whether of fact or law, as might be drawn therefrom if proved at a trial.
If it appears to the Court that there is in any cause or matter a question of law, which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to an arbitrator, the Court shall make an order accordingly, and may direct the question of law to be raised for the opinion of the Court. This may be done by a special case or in such other manner as the Court may deem expedient. All further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.
Special Case II
Every special case shall be printed by the claimant and signed by the parties or their counsel, and shall be filed by the claimant. No special case in any cause to which a party is an infant, or person of unsound mind, shall be set down without leave of Court.
Either party may enter a special case for argument by delivering to the proper officer a memorandum of entry, in a prescribed form.
The parties to a special case may, if they think fit, enter an agreement in writing, that on the judgment of the Court being given in the affirmative or negative of the questions of law raised, a sum of money, fixed by the parties are to be ascertained by the Court or in such manner as the Court may direct, shall be paid by one to the other, either with or without cost. The judgment of the Court may be executed forthwith, unless otherwise agreed, or unless stayed on appeal.
The order shall apply to every special case stated in a cause or matter, and to any special case stated for the opinion of the Court in pursuance of any statute related to the Revenue insofar not consistent with the statute.
Special Case III
Where the parties to a case are agreed as to the matter of facts to be decided between them, they may, after issue of the summons and before judgment, by consent and order of the Court, proceed to the trial on any such questions of fact without formal pleadings. Such questions may be stated for trial in a prescribed form. Such issue may be entered before trial and tried in the same manner as an issue joined in an ordinary action. The proceedings shall be under the control and jurisdiction of the Court, in the same way as proceedings in an action.
The parties may by consent that the court, on finding in the affirmative or negative on such issue, order that a sum of money, fixed by the parties or ascertained upon a question inserted in the issue for that purpose, shall be paid by one to the other with or without costs.
On the finding of any issue above, judgment may be entered for the sum so agreed or ascertained, with or without costs. Execution may issue upon such judgment immediately, unless otherwise agreed, or unless the Court shall order a stay of execution with a view to an appeal.
Proceedings on an issue above may be recorded at the instance of either party and judgment, whether recorded or not, shall have the same effect as any other judgment in a contested action.