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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 >> W v London Borough Of Lambeth [2002] EWCA Civ 689 (3 May 2002)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/689.html
Cite as: [2002] EWCA Civ 689
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH COURT
ADMINISTRATIVE COURT
(Mr Justice Maurice Kay)
Strand London WC2 Friday 3rd May, 2002 |
||
B e f o r e :
LORD JUSTICE LAWS
LORD JUSTICE KEENE
____________________
| Claimant/Appellant | ||
| - v - | ||
| THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF LAMBETH | ||
| Defendant/Respondent |
____________________
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040
Official Shorthand Writers to the Court)
MR C BÉAR (Instructed by Messrs Sternberg Read Taylor Gill) appeared on behalf of the Respondent
____________________
Crown Copyright ©
- LORD JUSTICE BROOKE: We make no declaration. We have said what the law is in our judgment and people can refer to the judgment. So the order of the court will be that we simply dismiss the application for a quashing order.
- So far as costs are concerned, we make no order as to costs. We now have to give brief reasons for making no order as to costs. In our judgment this was a matter of considerable public importance. Both sides succeeded to a certain extent and both sides lost to a certain extent. It seems to us that it would be appropriate for Lambeth to bear their costs and the Legal Services Commission to bear the costs of the claimant without any further adjustment.
- We refuse permission to appeal to the House of Lords, not because we do not consider this is a matter which the House of Lords should consider very carefully. We consider it very much more appropriate that if the claimant wishes to refer the matter to the Lords, the Lords should have a chance to look at both this case and the case of A and decide whether they wish to give permission to appeal on one, or both, or the other, or none at all. We refer the matter to their Lordships as we understand the petition in A is going to be heard at an oral hearing in June, which will give plenty of time for a petition to be submitted in this case, if that is what the claimant's instructions are.
- On the basis that the claimant undertakes to issue a petition to the House of Lords and to proceed with it timeously, then we extend the interim relief until the hearing of the petition, and thereafter, if permission to appeal is given, until the disposition of the matter in the House of Lords.
- Mr Howell, would you be willing to give that undertaking?
- MR HOWELL: My Lord, I can.