Bergen Industries & Fishing Corporation & Anor v Holding Company Dalmore Products & Ors

Where applicants for permission to appeal make clear that they no longer wish to proceed, the proper course is to dismiss the application. The court may therefore dispose of the application without determining the underlying dispute.

The first and second defendants applied for permission to appeal against a decision of Langley J in the Queen’s Bench Division, Commercial Court, made on 18 May 2001. That decision concerned the continuation of Part 20 claims and restrictions on raising further claims arising from the same or substantially the same facts.

By letter, the applicants stated that they did not wish to proceed with the application. The issue before the Court of Appeal was the appropriate order in those circumstances.

Lord Justice Clarke gave the judgment of the court.

1. The application was brought by the first and second defendants against the decision of Langley J dated 18 May 2001.
2. The applicants subsequently made clear, by letter dated 4 December 2001, that they did not wish to proceed with the application and had identified no grounds or reasons for pursuing it.
3. In those circumstances, the proper course was to dismiss the application. The court therefore made no determination of the substantive issues arising from the Part 20 claims.

Order: Application dismissed.

• Court of Appeal (Civil Division): On 12 December 2001, the application for permission to appeal was dismissed. [2001] EWCA Civ 1941
• Queen’s Bench Division, Commercial Court: Langley J’s decision of 18 May 2001 concerned the continuation of Part 20 claims and restrictions on further claims arising from the same or substantially the same facts.