England and Wales Court of Appeal (Civil Division) Decisions

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URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1353.html
Cite as: [2002] EWCA Civ 1353

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		Neutral Citation Number: [2002] EWCA Civ 1353
		A3/2002/0982

IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
(Mr Englehart QC)

The Royal Courts of Justice
Strand
London WC2
Tuesday 13th August, 2002

B e f o r e :

LORD JUSTICE ALDOUS
____________________

	ALAN GERALD DRUCE	Claimant/Applicant
	- v -
	ROGER ELLIS DRUCE	Defendant/Respondent

____________________

(Computer-aided transcript of the Palantype Notes
of Smith Bernal Reporting Limited
190 Fleet Street London EC4A 2AG
Tel: 020 7404 1400
Official Shorthand Writers to the Court)

____________________

MISS J JACKSON QC (instructed by Messrs Lawrence Hamblin, Henley-on-Thames RG9 1SB) appeared on behalf of the Applicant
THE RESPONDENT did not appear and was not represented
____________________

HTML VERSION OF JUDGMENT
____________________

LORD JUSTICE ALDOUS: Miss Jackson, I will give you permission to appeal on what I might call the Tomlin point. I will also give you permission to appeal on the point pleaded in paragraph 11, sub-paragraphs (1) and (2) of the reply.

I think little of what I call the 1976 conveyance construction point. However, as it is part of the history of the matter and this court will need to consider the Tomlin Order in context, I will give you permission to appeal upon the construction point as well.

ORDER: Application for permission to appeal granted; costs of the application to be costs in the appeal; paragraph 5 of the judge's order stayed pending appeal; 14 days for Miss Jackson to lodge an amended skeleton argument.

(Order not part of approved judgment)

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