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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Inco Europe Ltd & Anor v First Choice Distribution (A Firm) & Ors [1998] EWCA Civ 1460 (30 September 1998)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/1998/1460.html
Cite as: [1999] CLC 165, [1999] 1 WLR 270, [1999] WLR 270, [1998] EWCA Civ 1460
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LTA 98/5685/1
IN
THE SUPREME COURT OF JUDICATURE
COURT
OF APPEAL (CIVIL DIVISION)
Royal
Courts of Justice
Wednesday,
30th September 1998
Before:
LORD
JUSTICE HOBHOUSE
LORD
JUSTICE THORPE
LORD
JUSTICE MUMMERY
-
- - - - - - - -
INCO
EUROPE LIMITED
INCO
ALLOYS LIMITED
INCO
LIMITED
(A
company incorporated under the laws of Canada)
Plaintiffs
-v-
FIRST
CHOICE DISTRIBUTION (A FIRM)
LOGISTICS
PLANNING SERVICES LIMITED
STEINWEG
(HANDELSVEEM BV)
(A
company incorporated in the laws of the Netherlands
)
SMEETS
FERRY BV
(A
company incorporated in the laws of the Netherlands
)
Defendants
-
- - - - - - -
(Computer
Aided Transcript of Smith Bernal
Reporting
Limited, 180 Fleet Street,
London
EC4A 2HD. Telephone No: 0171-421 4040
Shorthand
Writers to the Court)
-
- - - - - - -
MR.
A. GHAFFAR
(instructed by Messrs Holman, Fenwick & Willan) appeared for the
Appellants/Applicants.
MR.
M. HALLIWELL
(instructed by Messrs Hill Dickinson) appeared on behalf of the Respondent.
-
- - - - - - -
P
R O C E E D I N G S
-
- - - - - - -
LORD
JUSTICE HOBHOUSE: Obviously it is a matter of importance. It affects cases
other than this. Since we have given leave and determined the appeal, that
gives you a standing to apply to the Appeal Committee of the House of Lords for
leave to appeal to their House. Under those circumstances we will refuse
leave. We appreciate that the applicant may wish to take this matter further
and may wish to apply to their Lordships' House for leave to appeal. They will
be able to consider whether or not they should grant leave to appeal. We would
not on any view consider that the point in the second half of the case, in
other words, the substantive matter, justified the giving of leave. The
question that is of more general importance is the question of the jurisdiction
of the Court of Appeal.