White Sea & Onega Shipping Company v International Transport Workers Federation

An appeal may be disposed of on a case-management basis without a substantive hearing where a speedy trial is needed to resolve factual issues and an undertaking preserves the parties’ respective positions pending that trial. Such an arrangement is without prejudice to the parties’ cases and does not determine the merits, including alleged unlawful conduct or entitlement to relief.

The appellant appealed from an order of Mr Justice Tomlinson and applied for permission to rely on further evidence on appeal. The Court of Appeal indicated provisional views on the issues and on the need for a speedy trial to resolve factual questions. The respondent, while denying unlawful conduct and any entitlement to relief, offered an undertaking to preserve the parties’ positions pending trial. The central issue became how the appeal should be managed before that trial.

1. The Court of Appeal disposed of the appeal on a case-management basis without a substantive hearing. Its provisional view was that a speedy trial was necessary to resolve the factual issues.
2. The respondent’s undertaking preserved the parties’ respective positions before trial. It was given without prejudice to either party’s case and did not amount to a determination of the dispute.
3. The court made an order in the draft form handed up by the parties, incorporating agreed corrections. The respondent’s denial of unlawful conduct and of the appellant’s entitlement to relief remained open for determination at trial.

• Court of Appeal (Civil Division): appeal from an order of Mr Justice Tomlinson. The appeal was disposed of by a case-management order reflecting the respondent’s undertaking, without a substantive hearing.