Customs & Excise v Jack Baars Wholesale & Ors

Where parties settle an appeal, the Court may give effect to an agreed order allowing or dismissing appeals without deciding their merits. The order may also contain a consent-based bankruptcy adjudication where that is expressly provided. Parties reaching settlement should notify the Court promptly.

The appeals arose from orders made by Mr Justice Lindsay in the Chancery Division. The parties settled and supplied the Court with an agreed form of order. The Court was asked to dispose of the appeals and cross-appeals on that basis, without determining their merits, and to record a bankruptcy adjudication against Jack Baars under paragraph 17 of the order.

1. Disposition. The Court accepted the agreed form of order. Certain appeals were allowed and others were dismissed.
2. No determination of merits. The order expressly recorded that any appeals or cross-appeals allowed or dismissed were dealt with without the Court determining their merits. The Court therefore made no ruling on the correctness of the orders below.
3. Bankruptcy adjudication. By consent under paragraph 17 of the order, the Court adjudicated Jack Baars bankrupt. The adjudication was made on 3 November 2004 at 10.33 am at the Royal Courts of Justice, and the order could be drawn up.
4. Settlement notification. The Court noted that the parties had informed it promptly when settlement was reached and stated that parties in similar circumstances should do likewise.

• Court of Appeal (Civil Division): In [2004] EWCA Civ 1531, certain appeals were allowed and others dismissed by consent, without determination of the merits.
• High Court, Chancery Division: Orders had been made by Mr Justice Lindsay; the citations of those orders were not stated in the judgment.