England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
COMMERCIAL COURT
(MR JUSTICE LANGLEY)

		Royal Courts of Justice The Strand London
		Thursday 4 October 2001

Thursday 4 October 2001

1. LORD JUSTICE SCHIEMANN: I will ask Lord Justice Waller to give a short judgment.
2. LORD JUSTICE WALLER: As my Lord has indicated, having read the judgment and having read the skeleton put in by Mr Nathan, we think it appropriate to grant permission to appeal. That should not be taken by the appellants as encouraging a great degree of optimism for their chances. But so far as the abandonment point is concerned, it seems to us that that should be considered by the full court. If the point were successful that would then give rise to a limitation point. Since those points are going to the Court of Appeal, it is right that the whole matter should go.
3. There are very substantial sums of money involved in litigation of this sort and it is in those circumstances that we think it is right that the matter should be considered by the full court.
ORDER: Permission granted; costs to be reserved; case to be relisted if possible in the period February to April, before three judges (one with commercial experience) with an estimate of half a day's pre-reading and one day's listing.