Scribes West Ltd v Relsa Anstalt & Anor (No 2)

Scribes West Ltd v Relsa Anstalt & Anor (No 2)

The judge's order was a striking out of the claim, not a final decision on a preliminary issue. Therefore, under the Destination of Appeals Order 2000, appeal lies to a High Court judge, not the Court of Appeal. The claim for relief from forfeiture and related amendments were not properly before the court as a final determination binding all interested parties.

Parties
Claimant/appellant: Scribes West Limited; First Defendant/respondent: Relsa Anstalt; Second Defendant: Settle Up Limited
Jurisdiction
England and Wales
Judgment Date
20 July 2004
Procedural Posture
Civil Appeal / Ruling on Appellate Jurisdiction and Procedural Orders
Outcome
Appeal lies to the High Court, not the Court of Appeal. The judge's order striking out the claim stands.
Legal Topics
Jurisdiction of Appellate Courts, Relief From Forfeiture, Assignment of Lease, Striking Out Proceedings, Summary Judgment
Civil Procedure Land Law Jurisdiction of Appellate Courts Relief From Forfeiture Assignment of Lease Striking Out Proceedings Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Scribes West Limited

Claimant/appellant

Relsa Anstalt

First Defendant/respondent

Settle Up Limited

Second Defendant

Procedural Posture

Civil Appeal / Ruling on Appellate Jurisdiction and Procedural Orders

Legal Issues

  1. 1 Whether the appeal lies to the Court of Appeal or the High Court under the Destination of Appeals Order 2000
  2. 2 Whether the judge's order was a final decision within the meaning of the Order
  3. 3 Whether the claim for relief from forfeiture was properly constituted and whether amendments and joinder of parties should be allowed

Ratio Decidendi

The judge's order was a striking out of the claim, not a final decision on a preliminary issue. Therefore, under the Destination of Appeals Order 2000, appeal lies to a High Court judge, not the Court of Appeal. The claim for relief from forfeiture and related amendments were not properly before the court as a final determination binding all interested parties.

Court Disposition

Appeal lies to the High Court, not the Court of Appeal. The judge's order striking out the claim stands.

Orders

  • Appeal to be transferred to the High Court for further consideration.
  • No amendment to the lower court's order.