British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Wrexham County Borough Council v Berry [2001] EWCA Civ 813 (18 May 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/813.html
Cite as: [2001] EWCA Civ 813
[New search] [Printable RTF version] [Help]
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Strand London WC2 Friday, 18th May 2001 |
||
B e f o r e :
____________________
| WREXHAM COUNTY BOROUGH COUNCIL | ||
| - v - | ||
| MICHAEL BERRY | Applicant |
____________________
of Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 0171-421 4040
Fax No: 0171-831 8838
Official Shorthand Writers to the Court)
MR. R. GREEN (instructed by Messrs Sharpe Pritchard, London, WC1) appeared on behalf of the Respondent.
____________________
Crown Copyright ©
- LORD JUSTICE SEDLEY: On this renewed application for permission to appeal I have considered Mr. Drabble's fresh supplementary skeleton argument, which seems to me to set the proposed appeal on a different footing and a more tenable one from that which I understood previously. It is still well within grounds 3 and 4 of the draft notice of appeal. Since the supplementary skeleton argument is self explanatory, I do no more than give permission on the basis of grounds 3 and 4 of the notice of appeal. Grounds 1 and 2 will not be addressed, except insofar as elements of ground 1 are plainly there in ground 4 and open to Mr. Drabble. He may wish to rely upon the circumstances in which the local authority came to its decision to take proceedings as part of his grounds for impugning, as he now will be able to attempt to do, the decision of the judge.
- I enlarge time, the grounds for enlargement being meritorious. I grant a stay of execution of the injunction pending the disposal of the appeal. Having heard Mr. Green, who helpfully has appeared today for the local authority, I am not persuaded that a stay would be inappropriate. Mr. Green has sensibly accepted as much. Nor, however, am I going to give him formal liberty to apply, since that might be regarded as an encouragement to have a second bite of a single cherry. If circumstances do change, of course it is always open to the parties to come back to the court. That is a matter for Mr Green and those instructing him, depending on developments.