Ekwuru v Westminster City Council

[2001] EWCA Civ 1497

Summary

The appeal was disposed of by consent. The Court of Appeal recorded that the agreed solution was sensible on the facts but gave no substantive judgment on the legal arguments. The decision therefore establishes no reported legal rule beyond the procedural disposal recorded in the order.

Factual background

This was an appeal from the Central London County Court before His Honour Judge Green. The Court of Appeal was invited to make an order in terms agreed by the parties. The judgment records complex legal arguments but does not set out the underlying facts, the lower court’s decision, or the issues requiring determination.

Held

The Court of Appeal made an order in the terms suggested by counsel, by consent. Lord Justice Schiemann stated that the court had been assisted by the preparation of the case and considered the agreed solution sensible on the facts. He expressly declined to give a judgment on the legal arguments.

Two consent orders were to be drawn up, one in each case. No substantive issue of law was determined in the judgment.

The court’s approach to earlier authorities

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Appellate history

  1. Court of Appeal (Civil Division): The appeal from the Central London County Court was disposed of by consent order.
  2. Central London County Court: The judgment of His Honour Judge Green was under appeal; no citation or substantive details are stated.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealappeal disposed of by consent order
  2. This judgment [2001] EWCA Civ 1497 Court of Appeal (Civil Division)

Key cases cited

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Cases citing this case

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