A2/2004/1592 (A )
A3/2004/1720 (A )
A3/2004/1721 (A )
A3/2004/1692 (A )
ON APPEAL FROM THE HIGH COURT
Royal Courts of Justice
Strand
London, WC2
B E F O R E:
LORD JUSTICE MUMMERY
ABIOLA
Claimant/Appellant
-v-
DANIEL and Others
Defendants/Respondents
(Computer-Aided Transcript of the Stenograph Notes of
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MR DAVID OLIVER QC (instructed by Mishcon de Reya of London) appeared on behalf of the Appellant
The Respondents were not represented and did not attend
JUDGMENT
1. LORD JUSTICE MUMMERY: What I am doing in this case is standing it over to a date on which it should be heard inter partes. That date should be convenient to counsel on both sides. I will then decide whether or not to reinstate the applications for permission to appeal which are the subject of the inter partes hearing.
2. Inevitably I will need to hear from both sides submissions about the likely prospect of success on the appeal, because I think that is a factor which may come into the decision whether or not to reinstate. There is no point in reinstating an application for permission if it does not have a real prospect of succeeding. It is all mixed up together. It is not appropriate for me to hear the matter today when only the applicant is represented, and I have skeleton arguments from the respondent, which the applicant's counsel has not had time to consider and on which he and I may have points on which we require assistance from the respondent's counsel.
3. In those circumstances I am standing it over: 1 hour. I will direct that, if it is possible, it should be reserved to be heard by me because I have already read the papers and I have some grasp of the points that require decision.
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