IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE UXBRIDGE COUNTY COURT
(His Honour Judge McIntyre)
Strand London WC2 Friday 4th May, 2001 |
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B e f o r e :
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MICHAEL BASSETT | ||
Claimant/Applicant | ||
- v - | ||
GATEWAY 2000 EUROPE | ||
Defendant/Respondent |
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Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040
Official Shorthand Writers to the Court)
THE RESPONDENT did not appear and was not represented
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Crown Copyright ©
"Upon hearing the Claimant in person [that is Mr Bassett] and upon hearing Counsel for the Defendant
BY CONSENT
IT IS ORDERED THAT
(1) The Claimant pay £6080.62 to Cliff Dilloway, the jointly instructed computer expert, in cleared funds, by 4:00 pm on 26th January 2001.
(2) The Claimant pay £1250.00 to the Defendant's Solicitors, in respect of the Defendant's costs that he was ordered to pay on 19th December 2000, in cleared funds, by 4:00 pm on 26th January 2001.
(3) The Claim be stayed until the Claimant pays the sums referred to in paragraphs (1) and (2) above, or 4:00 pm on 26th January 2001, whichever occurs the later.
(4) In the event of the Claimant's failure to comply with paragraphs (1) and (2) above, the claim be dismissed & the Claimant pay the Defendant's costs of the claim, to be the subject of detailed assessment.
(5) In the event of the Claimant's complying with paragraphs (1) and (2) above, the case be relisted on the first available date after 26th January 2001, with a time estimate of 2 days, and the costs of today be reserved to the Trial Judge."
"(1) In accordance with paragraph 4 of the Order of 11th January 2001, the Claimant's Claim is dismissed.
(2) In accordance with paragraph 4 of the Order of 11th January 2001, the Claimant do pay the Defendant's costs of the Claim, to be subject to detailed assessment."
"The Claimant do pay the Defendant's costs of the application as summarily assessed at £1,250.00."
"Excuse me, your Honour, could I pay the money into court as opposed to direct to Mr Dilloway?
THE JUDGE: No, you have got to pay it direct to him."
"Can your Honour order that Mr Dilloway issues an invoice to that amount, a VAT invoice to that amount?"
"It will be paid by that date, sir."
"... you want it back as soon as you can as well?
THE CLAIMANT: Most definitely, your Honour. I am sorry. I've forgotten the name of the other Judge again."
"His Honour Judge Critchlow, whilst he didn't make it part of the order, requested Mr Dilloway to bring a computer and also the Market [Eye] product. Can your Honour make an order that the Market [Eye] product is returned to me forthwith?"
"The case won't be dismissed. It will be fought."
"THE CLAIMANT: Can we add these extra documents to the trial bundles, your Honour?"