ON APPEAL FROM SALFORD COUNTY COURT
( HIS HONOUR JUDGE ROGER COOKE )
Royal Courts of Justice
Strand
London, WC2
B E F O R E:
LORD JUSTICE JONATHAN PARKER
LORD JUSTICE SCOTT BAKER
ANTHONY HORTON
Claimant
- v-
DARREN EDWIN SADLER
MOTOR INSURERS' BUREAU
Defendants
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MR EDWARD BARTLEY- JONES QC (instructed by Rowe Cohen, Manchester M3 3JE) appeared on behalf of the Claimant
MR DERMOD O'BRIEN QC AND MS CLARE BROWN (instructed by Weightman Vizards, Liverpool L2 OGA) appeared on behalf of the Defendants
J U D G M E N T
Monday, 28 June 2004
1. LORD JUSTICE JONATHAN PARKER: Mr Bartley- Jones QC appearing for the claimant invites us to dismiss his client's appeal to this court. He puts forward that invitation on the basis that he intends, if permission be granted for such a course, to challenge in their Lordships' House their Lordships' earlier decision in Walkley v Precision [1979] 1 WLR 606. Mr O'Brien for the Motor Insurers' Bureau does not oppose that order being made and accordingly we make it.
2. I turn, then, to the question whether permission should be granted by this court to appeal against that dismissal to their Lordships' House. Mr O'Brien has submitted that it is a matter for their Lordships' whether such permission should be granted in this case. I accept that submission. In particular, as it seems to me, it must be a matter for their Lordships to consider not only whether such a challenge as Mr Bartley- Jones has described should be made in their Lordships' House, but also whether the instant case is an appropriate case in which to make it.
3. For those reasons, therefore, I would refuse permission to appeal to their Lordships' House.
4. LORD JUSTICE SCOTT BAKER: I agree.
(Application dismissed with costs).