Thompson v Fraser (Practice Note)
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS |
| Judgment Date | 02 October 1985 |
| Judgment citation (vLex) | [1985] EWCA Civ J1002-1 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | 85/0541 |
| Date | 02 October 1985 |
[1985] EWCA Civ J1002-1
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE OTLEY COUNTY COURT
(HIS HONOUR JUDGE PICKLES
Royal Courts of Justice.
The Master Of the Rolls
(Sir John Donaldson)
Lord Justice Parker
and
Lord Justice Croom-Johnson
85/0541
MR. S.W. LAWLER (instructed by Mr. J.A. Dunford, LL.B.) appeared on behalf of Mr. Dunford.
My Lord, I appear on behalf of the solicitor. The original respondent does not appear and I have heard that the plaintiff has no interest in this appeal——
The plaintiff has no interest in this appeal? Have I got the parties the right way round? He is getting his costs from somebody in any event, but Mrs. Fraser has an interest in this appeal.
My Lord, her solicitors have indicated I think in a letter to your Lordships, and I have a copy of that before me——
Is that G.J. Edwards? He is for the plaintiff, surely.
No; it is the letter of the 23rd July from A.V. Hammond & Co. It is not in the bundle. May I hand you a copy? ( Letter handed).
"We act for the Defendant in this case. We beg leave to refer to the history of this case set out in the letter of the Plaintiff's Solicitor dated the 1st day of May, 1984"—that is Mr. Edwards' letter—"and the Notice of Appeal of Mr. Dunford. The Defendant is contemplating an action in negligence against Mr Dunford based upon his failure to submit a protective application to the Court under the provisions of Part II of the Landlord and Tenant Act 1954. The loss claimed will include all costs sustained by the Defendant in this case. The Defendant therefore contends that her costs in defending this case will ultimately be borne by Mr Dunford whether or not his Appeal is allowed. In the circumstances, the Defendant who wishes to minimise costs, does not propose to attend at the hearing of this Appeal and wishes to make no representation in relation to it." Subject to anything you wish to say, they have written the judgment I have decided to give.
( Their Lordships conferred)
DECISION
We are prepared to allow the appeal.
The only thing...
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