COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM NOTTINGHAM DISTRICT REGISTRY
(HIS HONOUR JUDGE INGLIS)
Strand, London, WC2A 2LL |
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B e f o r e :
and
LADY JUSTICE SMITH
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BAKER |
Appellant |
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- and - |
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QUANTUM CLOTHING GROUP LIMITED |
Respondent |
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Mr R Owen QC (instructed by Messrs Weightmans) appeared on behalf of the Respondent
Mr R Owen QC & Mr Stewart (instructed by Messrs Praxis Partners) appeared on behalf of the Second Respondent.
Mr Purchas QC & Ms C Foster (instructed by Messrs Reed Smith Richards Butler) appeared on behalf of the Third Respondent.
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Lord Justice Rix:
"because the claimants as a whole would have prevailed on important issues at the heart of this litigation."
Those important issues he identified elsewhere in his costs judgment, for instance at paragraph 5, where he accepted that at the heart of the litigation in all the cases were two generic issues of importance to claimants and defendants in industrial deafness cases generally, and they were liability at common law for damage caused by exposure under 90 db (A) and liability under section 29 of the Factories Act 1961. He accepted that those were the main issues which had taken up time during the trial. He went on in paragraph 6 of that costs judgment to further illustrate that point.
"Respondent means –
(i) A person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and
(ii) a person who is permitted by the appeal court to be a party to the appeal."
Lady Justice Smith:
Order: Application granted.