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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Davies & Anor v Bramwell & Ors [2006] EWCA Civ 1453 (25 October 2006) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2006/1453.html Cite as: [2006] EWCA Civ 1453 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CARDIFF COUNTY COURT
(HIS HONOUR JUDGE GRAHAM JONES)
Strand London, WC2 |
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B e f o r e :
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(1) ANNETTE DAVIES | ||
(2) ONSITE CONCRETE LIMITED | Claimants/Applicants | |
-v- | ||
(1) NIGEL ROBERT BRAMWELL | ||
(2) WILLIAM HENRY DAVID BRAMWELL | ||
(3) WILLIAM PETER WEBB | Defendants/Respondents |
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The Respondent did not appear and was not represented
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Crown Copyright ©
"I do not propose to do so because I do not think that such a distinction can fairly and properly be made. This case was run on the Claimant's side as one dispute. It had various strands to it but essentially it was one dispute. It was Mr Davies who was the directing and controlling mind in relation to the entirety of these proceedings."
"His wife and company have, in effect, done no more than lent their names to it as the nominal owners of the relevant parcels of land."
I do not read the whole of paragraph 18, but that is the paragraph that sets out his reasoning on that particular point.
ORDER: Application for permission to appeal granted on one point (the blue land) and refused on the other (costs); application for a stay of the interim payment order granted on condition that £10,000 be paid into a solicitors' interest-bearing account to await the outcome of the appeal or further order; costs of today to be costs in the appeal; application to amend the appellant's notice granted; the respondents' skeleton argument to be served by 21st December 2006; appellants' amended grounds and amended skeleton argument to be lodged by Friday 10th November; time estimate for the appeal of 3-4 hours; constitution for the appeal to be three judges, one of whom may be a High Court judge, and should include a Chancery Lord Justice; liberty to apply to all parties.