Stream Healthcare (London) Ltd v Pitman Education and Training Ltd [2009] EWCA Civ 1421

Case No A2/2008/2472[2009] EWCA Civ 1421
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)C
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
COMPANIES COURT
(MR JUSTICE MORGAN)
Venue Royal Courts of Justice, Strand, London, WC2A 2LLDate Wednesday, 2 nd November 2009
Before
LORD JUSTICE WALLERLORD JUSTICE ETHERTONLORD JUSTICE PATTEN
Between
STREAM HEALTHCARE (LONDON) LTDAppellantPITMAN EDUCATION AND TRAINING LTDRespondent
(DAR Transcript ofWordWave International LimitedA Merrill Communications Company190 Fleet Street, London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838Official Shorthand Writers to the Court)
Mr Ali Reza Sinai (instructed by Messrs Mayo Wynne Baxter) appeared for Appellant.Mr Justin Althaus (instructed by Chambers Solicitors) appeared for Respondent.
Judgment
[1]We propose to rise for a moment and see whether you can get into a position in which we can dispose of the appeal or at least only deal with the question of costs. (A short break)[2]As agreed, the appeal is allowed, and the order of Morgan J is reversed. His order as to costs at the first instance is reversed as well, and all costs, the costs below and the costs of the appeal, are reserved for the trial judge in January. That is a very sensible compromise and we are grateful to you. Please draw up an order and give it to the associate. Thank you very much.

Order

Appeal allowed.