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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 >> Clarke v Coutts & Co (A Firm) [2002] EWCA Civ 928 (17 June 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/928.html Cite as: [2002] EWCA Civ 928

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IN THE SUPREME COURT OF JUDICATURE
CIVIL DIVISION
ON APPEAL FROM THE HIGH COURT
QUEEN'S BENCH DIVISION
(His Honour Judge Zucker QC,
sitting as a Judge of the High Court)

		The Royal Courts of Justice The Strand London Monday 17 June 2002

Monday 17 June 2002

1. LORD JUSTICE SIMON BROWN:We refuse the respondent permission at this 12th hour -- it would be wrong even to describe it as the 11th hour -- to raise a point that it was aware of at both of the earlier stages of these proceedings when it chose not follow that approach. True, it believed -- probably mistakenly -- that to do so would have required an adjournment, but that is insufficient reason for raising it for the first time in this court -- be it noted, the third court, because this is in any event a second-tier appeal -- and, what is more, at the very conclusion of its submissions in reply. The point in any event raises no point of true principle or practice but turns on the individual facts of the case. So I am afraid that the respondent's submissions must stand on the basis on which they were left before, namely with the benefit of the respondent's notice but without the benefit of the further point, even though it was one that the court itself contemplated at the outset of the hearing.
2. LORD JUSTICE PETER GIBSON: I agree.
3. SIR MURRAY STUART-SMITH: I also agree.