3VB Group Litigation Blog: Trial splits in ss.90 & 90A claims: the Entain securities litigation

The High Court has revisited the question of trial splits in securities litigation, holding in Various Claimants v Entain plc that, while there is no “one size fits all” approach, issues of reliance and causation should generally be deferred until after liability has been determined where the complexity of the counterfactual makes an earlier determination impractical.

In a new article for the 3VB Group Litigation Blog, Philip Hinks KC examines the Court’s reasoning in Entain, its relationship with the earlier Boohoo decision, and the practical implications for the case management of securities claims under sections 90 and 90A of the Financial Services and Markets Act 2000. He explores why the Court considered it more efficient to determine liability before addressing reliance, causation and loss, and what the decision means for future shareholder litigation.

Read the blog here.