Director of Fair Trading v Stuart
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE BALCOMBE,LORD JUSTICE TAYLOR |
| Judgment Date | 08 October 1990 |
| Judgment citation (vLex) | [1990] EWCA Civ J1008-4 |
| Date | 08 October 1990 |
| Docket Number | 90/0842 |
| Court | Court of Appeal (Civil Division) |
[1990] EWCA Civ J1008-4
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE SALFORD COUNTY COURT
(MR. REGISTRAR STEINBERG)
Royal Courts of Justice
The Master of the Rolls
(Lord Donaldson)
Lord Justice Balcombe
Lord Justice Taylor
90/0842
MISS C. M. WILSON (instructed by Messrs. James A. Singleton & Co., Worsley, Manchester) appeared for the Appellant.
MR. S. P. RICHARDS (instructed by The Treasury Solicitor) appeared for the Respondent.
In October 1989 Mr. Stuart consented to the making of an injunctive order in the Salford County Court. The order had been sought by the Director General of Fair Trading under the Fair Trading Act 1973 and the order which he sought was designed to restrain any unfair trading practices on the part of Mr. Stuart. The order was made by the registrar of the court and Mr. Stuart now wishes to appeal because he says that the terms of the order were too wide. It is not for us to say whether there is merit in that but, if it is of any comfort to Mr. Stuart, my own view is that it does at least merit some study. It was natural enough that the registrar should have made the order in the absence of any indication by Mr. Stuart that there were any grounds of objection.
The question which now arises is how Mr. Stuart appeals—leaving aside all questions of extensions of time—and what body has jurisdiction to entertain his appeal. On the one hand, it is provided by the County Court Rules Order 37 rule 6(1) that:
"Any party affected by a judgment or final order of the registrar may, except where he has consented to the terms thereof, appeal from the judgment or order to the judge…"
On the other hand, it is provided by section 42(1) of the Fair Trading Act 1973 that:
"Notwithstanding anything in any other enactment,"—which, of course, would include Rules of Court—"an appeal…shall lie from any decision or order of any court in proceedings under Part III of this Act.
(2) Any such appeal shall lie
(a) in the case of proceedings in England and Wales, to the Court of Appeal".
It is said by Miss Wilson appearing on behalf of Mr. Stuart that this was...
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