London Buses Services Ltd v Tramtrack Croydon Ltd [2006] EWCA Civ 1832
LORD JUSTICE LONGMORE:
[1]For the reasons given in the judgment that I now hand down, this appeal will be dismissed save in one respect, and I will read the order of the court which is that: 1) the appeal is dismissed save as set out in paragraph 2 below; 2) the following passages of the judge’s judgment be set aside: those parts of the judge’s judgment which decide that measures intended to bring about an increase in passenger carrying capacity would involve a change to or a change outside the service parameters set out in section 9 of part 4 of the specification, namely i) paragraph 34 last sentence and ii) the clarification of this issue in the judge’s supplementary judgment given on 17 March 2006; 3) permission for appeal to the House of Lords is refused; and 4) the appellants to pay three-quarters of the respondent’s costs of the appeal including, for the avoidance of doubt, those costs incurred in responding to the appellant’s notice of appeal and first skeleton argument[2]The reason for our order for costs is that we regard the appellant’s success as set out in paragraph 2 of this order as a very limited success, the point raised being at this stage hypothetical and not appropriate for final decision.[3]That is the order of the court which we have made after consideration of the submissions presented to us.Order
Appeal dismissed.