Edgeworth Capital (Luxembourg) S.A.R.L. and Another v Ramblas Investments B.v

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
JudgeLord Justice Longmore
Judgment Date18 February 2016
Neutral Citation[2016] EWCA Civ 348
Date18 February 2016
Docket NumberCase No: A3/2015/0582(A)

[2016] EWCA Civ 348

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

COMMERCIAL COURT

(MISTER JUSTICE HAMBLEN)

Royal Courts of Justice

Strand

London, WC2A 2LL

Before:

Lord Justice Longmore

Lord Justice Sales

Case No: A3/2015/0582(A)

Edgeworth Capital (Luxembourg) S.A.R.L. & Anr
Applicants
and
Ramblas Investments B.V.
Respondent

Mr Alastair Tomson (instructed by Kobre & Kim) appeared in person on behalf of the Applicants

Mr William Willson (instructed by Linklaters) appeared in person on behalf of the Respondent

Lord Justice Longmore
1

We have not found this an easy application, as is obviously evidenced by the time we have taken outside to discuss it.

2

We do not think that it is appropriate for expedition as such. We consider that it does not fall within any of the categories itemised by Sir Thomas Bingham MR in Unilever v Chefaro Proprietaries Ltd [1995] 1 WLR 243 at page 246. The nearest it gets is cases in which a decision is about to be taken on a matter which will be irrevocable or confer rights on third parties. We do not think there is an imminent, irrevocable decision but as in many similar cases the application does attract some sympathy from the court in view of the very unsatisfactory nature of the long lead times in out lists, and so what we are going to say is this, that we think this is a case which could be got up at comparatively short notice by any counsel. There are just two comparatively short points even though it probably will take a day to argue.

3

What we are going to decide is that the applicants, who are Edgeworth, will be at liberty to keep in touch with the office to discover if a slot of one day does become available and can be utilised at seven days' notice, in which they case they may reapply for taking up that slot and the supervising Lord Justice of commercial matters, namely myself, will then decide whether this case and any other case in respect of which similar orders might be made could come into the list. That I think is the best we can do.

Order: Application refused

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