Black & Anor v Sumitomo Corporation & Ors [2001] EWCA Civ 1471 (28 September 2001)

Black & Anor v Sumitomo Corporation & Ors [2001] EWCA Civ 1471 (28 September 2001)

The appeal should proceed on the earliest available date (3rd or 4th October) as both parties ultimately desire a prompt resolution, and no significant prejudice will be caused to the respondents by requiring alternative counsel if necessary. The misunderstanding about expedition does not justify vacating the date.

Citation
[2001] EWCA Civ 1471
Parties
Applicant (intended Claimant/respondent to Appeal): Herbert Black; Applicant (intended Claimant/respondent to Appeal): American Iron & Metal Company Inc; Respondent (intended Defendant/appellant): Sumitomo Corporation; Respondent (intended Defendant/appellant): Sumitomo Corporation (UK) PLC; Respondent (intended Defendant/appellant): Sumitomo Corporation of America
Jurisdiction
England and Wales
Judgment Date
28 September 2001
Procedural Posture
Civil Appeal / Interlocutory Application Regarding Expedition of Appeal Hearing
Outcome
Application to vacate expedited hearing date dismissed.
Legal Topics
Pre Action Disclosure, Expedition of Appeals, Limitation Period, Case Management
Civil Procedure Pre Action Disclosure Expedition of Appeals Limitation Period Case Management

Case Brief

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Parties

Herbert Black

Applicant (intended Claimant/respondent to Appeal)

American Iron & Metal Company Inc

Applicant (intended Claimant/respondent to Appeal)

Sumitomo Corporation

Respondent (intended Defendant/appellant)

Sumitomo Corporation (UK) PLC

Respondent (intended Defendant/appellant)

Sumitomo Corporation of America

Respondent (intended Defendant/appellant)

Procedural Posture

Civil Appeal / Interlocutory Application Regarding Expedition of Appeal Hearing

Legal Issues

  1. 1 Whether the appeal should be expedited and the hearing date vacated
  2. 2 Whether the original misunderstanding about expedition should affect the listing
  3. 3 Whether prejudice would be caused to either party by the timing of the appeal

Ratio Decidendi

The appeal should proceed on the earliest available date (3rd or 4th October) as both parties ultimately desire a prompt resolution, and no significant prejudice will be caused to the respondents by requiring alternative counsel if necessary. The misunderstanding about expedition does not justify vacating the date.

Court Disposition

Application to vacate expedited hearing date dismissed.

Orders

  • Appeal to be heard on 3rd or 4th October as listed.
  • Costs to be costs in the appeal.