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	England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Bell Electric Ltd v Aweco Appliance Systems GmbH & Co KG [2002] EWCA Civ 1589 (31 October 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1589.html Cite as: [2002] EWCA Civ 1589

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IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(Mr Justice Elias)

		Royal Courts of Justice Strand London WC2 Thursday, 31st October 2002

LORD JUSTICE POTTER:

1. We refuse permission to appeal in this case. Our decision was reached without reference to the decision of the European Court of Justice in Mund & Fester v Hatrex Internationaal Transport Case C-398/92 [1994] ECR I-467 and that of the Court of Appeal in Fitzgerald v Williams [1996] 2 All ER 171, upon which Mr Tolley has relied in support of his application for permission to appeal, but which he did not cite to us when arguing the appeal. We do not regard our decision as constrained by that previous authority.
2. We did not base our judgment upon an assumption or acceptance that there are indeed greater obstacles facing a party seeking to enforce its judgment in Germany than would be the case in the United Kingdom, but upon the basis that Aweco was in deliberate breach of the order of Mr Justice Elias and itself made and relied on such an assertion in purported justification of its stance. It was the exercise of our discretion in particular circumstances under CPR 52.9.
3. We would add, however, that in our view the purpose of the regulation is that of an aid to enforcement in the hands of a successful claimant rather than an aid to obstruction in the hands of a recalcitrant defendant, wherever resident within the Community.
4. In these circumstances, if Aweco wish to appeal our decision, Mr Tolley must seek the permission of their Lordships' House.
Order: application for permission to appeal to House of Lords dismissed; stay of order pending presentation of petition to House of Lords refused.