HFC Bank Plc v HSBC Bank Plc (formerly Midland Bank Plc)
| Jurisdiction | England & Wales |
| Judgment Date | 10 February 2000 |
| Date | 10 February 2000 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Nourse, Lord Justice Sedley and Lord Justice Judge
Practice - possibility of settlement of case - duty of parties as well as lawyers to advise court
In a case where judgment had been reserved by the court, it was the duty of the parties and their professional advisers to inform the court immediately they became aware of any development which might make it unnecessary for judgment to be delivered.
The Court of Appeal so stated when making a consent order for the dismissal of the appeal in a passing off action by the claimant, HFC Bank plc, from a judgment of Mr Justice Lloyd (The Times September 28, 1999) in favour of the Midland Bank plc.
Mr Andrew Waugh, QC, Mr Colin Birss and Mr Geoffrey Pritchard for HFC; Mr Peter Prestcott, QC, Mr John Hornby, solicitor and Mr James Abrahams for HSBC.
LORD JUSTICE NOURSE said that at the close of argument on January 18 the court announced that it would take time to consider and put its judgments in writing.
On February 7, each member of the court having prepared a reasoned judgment, counsel's clerks were informed that judgment would be given next morning.
However, on February 3 the parties had agreed that there should be a meeting in Chicago on February 7. That meeting took place and a compromise agreement was arrived at.
On February 8 the court was informed that the parties had come to terms overnight and wished that the appeal be dismissed.
It was clear that the court would always encourage parties to settle their difference even at a late stage. The concern was that there had been no information regarding the settlement until after notice of judgment had been given.
It might be that the parties' solicitors did not know that there was going to be a meeting on February 7. But the court was not concerned only with the parties' legal advisers.
It was concerned with the parties themselves. It was their duty to inform the court of the possibility of a settlement when the meeting had been arranged.
The parties and their legal advisers had...
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