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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 >> Hanson v South West Electricity Board [2001] EWCA Civ 885 (24 May 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/885.html
Cite as: [2001] EWCA Civ 885
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE YOEVIL COUNTY COURT
(JUDGE COTTERILL)
Strand London WC2 Thursday, 24th May 2001 |
||
B e f o r e :
LORD JUSTICE DYSON
____________________
| HANSON | ||
| Applicants | ||
| - v - | ||
| SOUTH WEST ELECTRICITY BOARD | ||
| Respondents |
____________________
Smith Bernal International
190 Fleet Street, London EC4A 2AG
Telephone 020 7404 1400 Fax 020 7831 8838
(Official Shorthand Writers to the Court)
MR. L. MORSEHEAD (instructed by Messrs. Osborne Clarke, Bristol BS1 4HE) appeared on behalf of the Respondents.
____________________
Crown Copyright ©
- LORD JUSTICE SEDLEY:This case was heard by Lord Justice Dyson and myself on 21st May. We reserved judgment and the case was listed today for delivery of judgment. Very shortly before we sat we were informed that it was the contention of the claimant that a binding compromise of the appeal had been reached. We were also told, and Mr. Morsehead has confirmed it in court, that that proposition was contested by the defendant.
- We have explored the factual issues today only sufficiently to establish that they throw up enough legal issues to make it impossible for us to resolve the dispute in the time available. The only practical expedient that has emerged is this. We will stay the appeal with judgment undelivered, reserving the costs of today in the appeal as costs to be determined as part of the appeal. There will be liberty to apply, as always, to lift the stay if to do so becomes appropriate.
- In order that the question of compromise may be determined, we give, by agreement of the parties, the following directions. The claimant is to file points of claim in the Central London County Court by 4 p.m. on 7th June or such later date as may be agreed or ordered. Upon the assumption that that date is not varied, points of reply are to be served by 21st June and mutual disclosure by list is to take place by 28th June, followed by exchange of witness statements by 12th July. Thereafter, there is to be an application to the Central London County Court to fix a hearing date and to give any further directions. Application may also be made to the Central London County Court, then or at any appropriate earlier time, for any enlargement of time that may be made necessary, in the absence of agreement, by any application of the claimant for public funding, or for any other admissible reason.
- Unless in the course of this judgment counsel have thought of anything further that requires our immediate attention, those are the directions we give. What we do in relation to judgment will depend entirely upon the outcome either of the proceedings that we have given directions for or (and I do not conceal our hope that this may still be possible) some alternative and fresh compromise to this appeal, in which the escalation of costs is a source of dismay to this court -- and, I have no doubt, to the parties as well.
Thursday, 24th May 2001