ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
COMPANIES COURT
(MR JUSTICE MORGAN)
Royal Courts of Justice
Strand, London, WC2A 2LL
Before:
LORD JUSTICE WALLER
LORD JUSTICE ETHERTON
and
LORD JUSTICE PATTEN
STREAM HEALTHCARE (LONDON) LTD | Appellant |
- and - | |
PITMAN EDUCATION AND TRAINING LTD | Respondent |
(DAR Transcript of
WordWave International Limited
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190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr Ali Reza Sinai (instructed by Messrs Mayo Wynne Baxter) appeared on behalf of the Appellant.
Mr Justin Althaus (instructed by Chambers Solicitors) appeared on behalf of the Respondent.
Judgment
Lord Justice Waller:
We propose to rise for a moment and see whether you can get into a position in which we can dispose of the appeal or at least only deal with the question of costs.
(A short break)
As agreed, the appeal is allowed, and the order of Morgan J is reversed. His order as to costs at the first instance is reversed as well, and all costs, the costs below and the costs of the appeal, are reserved for the trial judge in January. That is a very sensible compromise and we are grateful to you. Please draw up an order and give it to the associate. Thank you very much.
Order: Appeal allowed.