ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(HHJ SEYMOUR QC)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE ETHERTON
SIR RICHARD BUXTON
| COUNTRYLINER LIMITED
|- and -
SURREY COUNTY COUNCIL
WordWave International Limited
A Merrill Communications Company
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Mr John Howell QC (instructed by Head of Legal and Democratic Services, Surrey CC) appeared on behalf of the Respondent.
Crown Copyright ©
Lord Justice Longmore:
"Please confirm and provide evidence of compliance with all planning, regulatory and other consents necessary for the purposes of performing the services you are tendering for. Please attach any supporting evidence in this envelope."
"Operating depot and workshops in Guildford. We propose to operate from our Merrow location, although property consultants have identified another suitable site on an industrial site in the Guildford area which we would occupy at the end of the current lease of Merrow earlier or as relevant. We have a PCP operator's licence No. PK1011041. Also we have access to other group vehicles and respective licences."
"The response submitted to question 14 section 3 qualification envelope is not satisfactory as the question requires evidence to be submitted. ... In order that your tender can be properly considered please remedy this omission by submitting evidence through the messaging system no later than 1500 Wednesday 26 May 2010."
"My Lord, that leaves the question of our summary judgment application which your Lordship has not dealt with.
Judge Seymour: I was going to invite you and Mr Heppinstall [who was then appearing for Countryliner] to address me further on that. Having come to the conclusion that there is no serious question to be tried, I am inclined in my own motion simply to dismiss the action.
Mr Heppinstall: My Lord, that of course is open to you I think under Part 3. You can strike out of your own motion. You will not be able to under Part 24 because you have to give me notice and I have to have time to prepare. It is certainly open to you under Part 3.
Judge Seymour: Yes.
Mr Heppinstall: And I have to say that I can see how, your Lordship, it follows from your findings under the serious issue to be tried and also why there may be a basis upon which to seek permission to appeal was obviously on the injunction matter it would be slightly difficult to have made alternative findings … whereas if you take your serious issue question to be tried points to its logical conclusion as I can see you might, the strike-out of Part 3 matters would be slightly different. So I obviously urge you not to strike out your own motion because those are my instructions, but I can see how, your Lordship, it follows from your findings that I have to disturb elsewhere. I cannot disturb now on the serious issue to be tried. I am not sure there is more I can say. I think you have to strike out under Part 3 because from memory the court, to do it of its own motion, has to set up the applications.
Judge Seymour: Yes.
Mr Heppinstall: Which has not been done and has not been done by the claimant properly in time.
Judge Seymour: No.
Mr Heppinstall: I do not think I can say anything further in the circumstances.
Judge Seymour: Right.
Mr Howell: My Lord, I think, given what your Lordship has said, to let the claimant linger on is not going to help anyone.
Judge Seymour: There is just no sense in it.
Mr Howell: Absolutely.
Judge Seymour: Full argument has been addressed to me. I have reached a clear conclusion and the logic I think is incontestable.
Mr Howell: My Lord, I would invite your Lordship to do that.
Judge Seymour: Right."
"Of the court's own motion, the claim be dismissed under CPR Part 3."
That of course was a reference to the provisions of Part 3.4(2) providing that the court may strike out a statement of case if it appears to the court that the statement of case discloses no reasonable grounds for bringing the action.
Lord Justice Etherton:
Sir Richard Buxton;
I also agree.
Order: Application dismissed