Ekwuru v Westminster City Council

[2001] EWCA Civ 1497

Case details

Case citations
[2001] EWCA Civ 1497
Court
Court of Appeal (Civil Division)
Judgment date
4 October 2001
Judgment text

This feature is available to zoomLaw Pro members.

Subjects
Civil procedure Appellate procedure Consent orders
Keywords
appeal consent order Central London County Court procedural disposal no substantive judgment
Outcome
appeal disposed of by consent order
Judicial consideration

This feature is available to zoomLaw Pro members.

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

This feature is available to zoomLaw Pro members.

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.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
appeal disposed of by consent order

Key cases cited

This feature is available to zoomLaw Pro members.

Cases citing this case

This feature is available to zoomLaw Pro members.