Bergen Industries & Fishing Corporation & Anor v Holding Company Dalmore Products & Ors [2001] EWCA Civ 1941 (12 December 2001)

Bergen Industries & Fishing Corporation & Anor v Holding Company Dalmore Products & Ors [2001] EWCA Civ 1941 (12 December 2001)

The application for permission to appeal was dismissed because the applicants expressly indicated they did not wish to proceed, having found no grounds or reasons to do so.

Source-derived case information.

Citation
[2001] EWCA Civ 1941
Parties
Claimant: Bergen Industries and Fishing Corporation; Claimant: Bolero Shipping Company Limited; Defendant/part 20 Claimant: Holding Company Dalmore Products; Defendant/part 20 Claimant: 000 Dalmore Produce Trawlers; Part 20 Defendant: Pacific Trawlers Incorporated; Part 20 Defendant: Crystal Seafoods Limited; Part 20 Defendant: Yerania Investment Company Limited
Jurisdiction
England and Wales
Judgment Date
12 December 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Discontinuance of Proceedings, Permission to Appeal, Res Judicata
Civil Procedure Discontinuance of Proceedings Permission to Appeal Res Judicata

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bergen Industries and Fishing Corporation

Claimant

Bolero Shipping Company Limited

Claimant

Holding Company Dalmore Products

Defendant/part 20 Claimant

000 Dalmore Produce Trawlers

Defendant/part 20 Claimant

Pacific Trawlers Incorporated

Part 20 Defendant

Crystal Seafoods Limited

Part 20 Defendant

Yerania Investment Company Limited

Part 20 Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Part 20 claims were discontinued against claimants or Part 20 defendants
  2. 2 Whether defendants could raise claims arising from the same facts in other proceedings

Ratio Decidendi

The application for permission to appeal was dismissed because the applicants expressly indicated they did not wish to proceed, having found no grounds or reasons to do so.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed