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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 >> White Sea & Onega Shipping Company (A Body Corporate) v International Transport Workers Federation [2001] EWCA Civ 552 (29 March 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/552.html
Cite as: [2001] EWCA Civ 552
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IN THE COURT OF APPEAL (CIVIL DIVISION)
APPLICATIONS FOR PERMISSION TO RELY
ON FURTHER EVIDENCE
ON APPEAL FROM ORDER OF MR JUSTICE TOMLINSON
Strand London WC2 Thursday, 29th March 2001 |
||
B e f o r e :
LORD JUSTICE CLARKE
MR JUSTICE BENNETT
____________________
| WHITE SEA & ONEGA SHIPPING COMPANY (a body corporate) | ||
| - v - | ||
| INTERNATIONAL TRANSPORT WORKERS FEDERATION |
____________________
Smith Bernal Reporting Limited, 180 Fleet Street,
London EC4A 2HD
Tel: 0171 421 4040
Official Shorthand Writers to the Court)
MR JULIAN FLAUX QC and MR DOMINIC CHAMBERS (Instructed by Denton Wilde Sapte of London) appeared on behalf of the Respondent
____________________
Crown Copyright ©
- LORD JUSTICE POTTER: On this appeal - having indicated our provisional views on the issues as raised before the judge and, in particular, the necessity for a speedy trial to resolve the issues of fact, and thanks to the good sense of the parties in the face of that indication - it has been possible to dispose of this appeal on a case management basis without a substantive hearing. We are grateful to the respondents that despite their clear denial of any unlawful conduct, and hence that there is any entitlement in the appellant for relief claimed, they have been willing to offer the undertaking contained in the terms of the order now before us in order to preserve the parties' respective positions prior to trial without prejudice to the case of either party to be advanced at such trial.
- Accordingly, there will be an order in the form of the draft handed up to us reflecting the corrections indicated by Mr Howard on his feet and consented to by Mr Flaux. Those relate to the fourth paragraph of the preamble, the deletion of the words "in making this order", certain additions to paragraph 3 of the order, and the deletion of a surplus word, namely "July", in paragraph 16 of the order. That covers matters. We are grateful for the realism and good sense of the parties.