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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 >> Gulf Azov Shipping Company Ltd & Anor v Chief Humphrey Irikefe Idisi & Ors [2001] EWCA Civ 247 (14 February 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/247.html
Cite as: [2001] EWCA Civ 247
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COURT OF APPEAL (CIVIL DIVISION)
Strand London WC2 Wednesday, 14th February 2001 |
||
B e f o r e :
LORD JUSTICE LONGMORE
-and-
MR JUSTICE BUCKLEY
____________________
| GULF AZOV SHIPPING COMPANY LTD & ANOTHER | ||
| - v - | ||
| CHIEF HUMPHREY IRIKEFE IDISI & OTHERS |
____________________
190 Fleet Street, London EC4A 2HG
Telephone No: 0207-421 4040/0207-404 1400
Fax No: 0207-831 8838
Official Shorthand Writers to the Court)
MR G DUNNING and MR R DIWAN (instructed by Stephenson Harwood, 1 St Paul's Churchyard, London EC4M 8SH) appeared on behalf of the Respondent.
____________________
Crown Copyright ©
- LORD JUSTICE BROOKE: The court grants permission to appeal, both in relation to the appeal against the refusal to set aside the default judgment, and against the decision to order summary judgment.
- It directs that the defendant give security for the costs of the appeal in the terms of the guarantee by Deutsche Bank, signed on 5 February 2001, and it directs that the original copy of that guarantee be lodged with the court forthwith pending further order.
- It grants permission to the parties to adduce in evidence all the fresh evidence that they have sought to adduce, up to and including the twentieth witness statement of Jonathan Rosshandler.
- It makes a direction that unless an order in the form of the document at page 14 of the exhibit to Mr Mackinnon's tenth witness statement, which should be entitled "Terms of Consent Order" rather than "Terms of Settlement", is executed by the defendants, the defendants will be treated as remaining in contempt of court and will not be heard on the hearing of the appeal tomorrow.
- Subject to that, there is no need for formal directions. The court will sit not before 10.15 tomorrow morning for the opening of the appeal. We have expressed our wishes in relation to authorities and cross-referencing to the parties, and they need not be spelt out in any form of formal order.
- Finally, we direct the defendants' solicitors to serve on the claimants' solicitors forthwith a signed copy of Master Miller's judgment accompanied by the notice of appeal and skeleton argument in support of that appeal.
- MR DUNNING: My Lord, could I just mention one thing. Your Lordship said that the document should be executed, but I suspect your Lordship meant executed and served, because simply executing it, of course we will not know.
- LORD JUSTICE BROOKE: Yes, certainly. And served. Any doubt about any of that, Mr Bhalla?
- MR BHALLA: My Lord, only one matter. Served on the basis that the defendants' instructing solicitors will serve it upon the solicitors acting for the claimants in Nigeria?
- LORD JUSTICE BROOKE: Yes. No need to have personal service of an original document in the city of London by tomorrow morning.
- MR BHALLA: Obliged, my Lord.
- LORD JUSTICE BROOKE: Well, we look forward to seeing you again at quarter past 10.00 tomorrow.
Wednesday, 14th February 2001