England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MR JUSTICE JACK)

		Royal Courts of Justice Strand, London, WC2A 2LL
		15th May 2007

Lord Justice Auld:

1. The court will make the order sought by the appellant as follows. Paragraph 1, paragraph 2 in its entirety, paragraph 3, paragraph 4, paragraph 5. As to paragraph 6, the court orders that the costs below shall be costs in the case on the remission to the Master. Paragraph 7 is made as sought. Paragraph 8 is varied to read as follows:

"The respondent shall pay to the appellant the first sum of £7,500 on account of the costs of this appeal."

Paragraph 9 shall be made as sought, a detailed assessment of the appellant's costs, and as we have heard nothing about it in the appeal to the House of Lords we make no order in paragraph 10.

2. The point arising under paragraph 2 of Jack J's order, that should go as well should it not, Mr Parker? The dismissal of the part 20 claim?

MR PARKER: Well, that was a matter that does not concern us. They are suing their solicitors. It seems to me that we have no --

LORD JUSTICE AULD: It needs to be no part of your order?

MR PARKER: Yes.

LORD JUSTICE AULD: Well, I hope that is clear.

MR PARKER: It follows that 2 of the order goes. It follows that 3 goes, and it follows that 4 goes.

LORD JUSTICE AULD: You want 2 set aside so that you are free to carry on against the solicitor?

MR PARKER: Yes, if this is going on, then we have to go.

LORD JUSTICE AULD: Well, then it should be set aside. Paragraphs 2, 3, 4 and 5 of Jack J's order set aside.


Order: Appeal allowed.