Stream Healthcare (London) Ltd v Pitman Education and Training Ltd

[2009] EWCA Civ 1421

Case details

Case citations
[2009] EWCA Civ 1421
Court
Court of Appeal (Civil Division)
Judgment date
2 November 2009
Judgment text

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Subjects
Civil procedure Appellate procedure
Keywords
appeal allowed order reversed costs reserved compromise disposal
Outcome
appeal allowed
Judicial consideration

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Summary

The appeal was allowed by agreement. The order made by Morgan J was reversed, including his order as to first-instance costs. The costs below and the costs of the appeal were reserved for the trial judge. The transcript records no substantive legal reasoning, findings of principle, statutory analysis or treatment of authorities.

Factual background

Stream Healthcare (London) Ltd v Pitman Education and Training Ltd was an appeal from an order of the High Court of Justice, Chancery Division, Companies Court, made by Mr Justice Morgan. The judgment does not state the underlying facts, issues or citation of the decision below. Following a short adjournment, the parties agreed a disposal of the appeal. The central substantive question is not stated in the judgment.

Held

  1. Disposition. The Court of Appeal, speaking through Lord Justice Waller, recorded that the appeal was allowed by agreement.
  2. Order below. The order of Morgan J was reversed. His order as to costs at first instance was also reversed.
  3. Costs. All costs, including the costs below and the costs of the appeal, were reserved for determination by the trial judge in January.

The judgment contains no substantive reasoning or determination of a legal issue.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Civil Division). Appeal allowed by agreement. The order of Morgan J, including the first-instance costs order, was reversed. Costs below and on appeal were reserved for the trial judge.
  • High Court of Justice, Chancery Division, Companies Court. Order made by Mr Justice Morgan; the citation and substance of that order are not stated in the judgment.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
appeal allowed

Key cases cited

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Cases citing this case

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