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Stream Healthcare (London) Ltd v Pitman Education and Training Ltd

[2009] EWCA Civ 1421

Case No: A2/2008/2472
Neutral Citation Number: [2009] EWCA Civ 1421
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)C

ON APPEAL FROM THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

COMPANIES COURT

(MR JUSTICE MORGAN)

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: Wednesday, 2nd November 2009

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

A Merrill Communications Company

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:

1.

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)

2.

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.

Stream Healthcare (London) Ltd v Pitman Education and Training Ltd

[2009] EWCA Civ 1421

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