IN THE COURT OF APPEAL (CIVIL DIVISION)
APPLICATION FOR PERMISSION TO APPEAL
Strand London WC2 Friday, 18th January 2002 |
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B e f o r e :
LADY JUSTICE HALE
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BASE METAL TRADING LTD | ||
Respondent | ||
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SHAMURIN | ||
Applicant |
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Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2HD
Tel: 0171 421 4040
Official Shorthand Writers to the Court)
MR E BROADBENT (Instructed by Holman Fenwick Willan of London) appeared on behalf of the Respondent
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Crown Copyright ©
" ..... where you do have issues of credibility of this nature, where Mr Shamurin is accusing Mr Zhivilo of lying, we submit that it would not be fair for Mr Shamurin's credibility on the question of whether there was an implied agreement simply to be assessed in isolation from the broader issue which goes to the merits of the case as a whole."