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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 >> Customs & Excise v Jack Baars Wholesale & Ors [2004] EWCA Civ 1531 (03 November 2004)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2004/1531.html
Cite as: [2004] EWCA Civ 1531
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
CHANCERY DIVISION
(MR JUSTICE LINDSAY)
Strand London, WC2 |
||
B e f o r e :
____________________
| COMMISSIONERS OF CUSTOMS & EXCISE | Appellants | |
| -v- | ||
| JACK BAARS WHOLESALE & OTHERS | Defendants |
____________________
(Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
THE APPELLANTS DID NOT APPEAR AND WERE NOT REPRESENTED
THE DEFENDANTS DID NOT ATTEND AND WERE NOT REPRESENTED
____________________
Crown Copyright ©
- LORD JUSTICE NEUBERGER: The parties have helpfully provided the Court with a form of order which substantially reflects the form of order which was put before me and which, after discussing the matter with the other Lord Justices who would have been hearing this case, Ward LJ and Tuckey LJ, we decided was acceptable to us.
- Certain of the appeals are being allowed and it is right to emphasise in open court, in fairness to the judge below and generally, that the order recites the fact that in so far as any appeals have been allowed, or indeed dismissed, it is "without the Court having determined the merits of any appeals or cross appeals against any of the orders below".
- I do not propose to read out the order, but why I am dealing with it in open court is because under paragraph 17 of the order by consent between the parties I am adjudicating that Jack Baars, the second respondent, be bankrupt and I record the fact that that is being determined today, on 3rd November 2004, at 10.33 am in the Royal Courts of Justice, and the order can now be drawn up.
- The parties appear to me from my perusal of the papers be have been very well advised in their settlement. I am grateful that they notified the Court well in advance that they were in the process of settling, although they could not be sure, and informed the Court promptly when they had settled. It is to be hoped, indeed to be expected, that others who are in the process of settling adopt that course.