Bell Electric Ltd v Aweco Appliance Systems GmbH & Co KG [2002] EWCA Civ 1589 (31 October 2002)

Bell Electric Ltd v Aweco Appliance Systems GmbH & Co KG [2002] EWCA Civ 1589 (31 October 2002)

Permission to appeal was refused because the court exercised its discretion under CPR 52.9 based on AWECO's deliberate breach of the order, and the decision was not constrained by the cited authorities.

Citation
[2002] EWCA Civ 1589
Parties
Claimant/respondent: Bell Electric Limited; Defendant/appellant: AWECO Appliance Systems GmbH & Co KG
Jurisdiction
England and Wales
Judgment Date
31 October 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal to House of Lords
Outcome
Permission to appeal to House of Lords dismissed
Legal Topics
Enforcement of Judgments, Appeals, Discretion Under CPR 52.9
Civil Procedure Enforcement of Judgments Appeals Discretion Under CPR 52.9

Case Brief

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Parties

Bell Electric Limited

Claimant/respondent

AWECO Appliance Systems GmbH & Co KG

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to House of Lords

Legal Issues

  1. 1 Whether permission to appeal to the House of Lords should be granted
  2. 2 Whether previous authorities constrain the exercise of discretion under CPR 52.9

Ratio Decidendi

Permission to appeal was refused because the court exercised its discretion under CPR 52.9 based on AWECO's deliberate breach of the order, and the decision was not constrained by the cited authorities.

Court Disposition

Permission to appeal to House of Lords dismissed

Orders

  • Application for permission to appeal to House of Lords dismissed
  • Stay of order pending presentation of petition to House of Lords refused