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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 >> Bergen Industries & Fishing Corporation & Anor v Holding Company Dalmore Products & Ors [2001] EWCA Civ 1941 (12 December 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1941.html Cite as: [2001] EWCA Civ 1941

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IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE QUEENS BENCH DIVISION
COMMERCIAL COURT
(Mr Justice Langley)

		Royal Courts of Justice Strand London WC2A 2LL Wednesday, 12th December 2001

Wednesday, 12th December 2001

1. LORD JUSTICE CLARKE: There is before the court an application for permission to appeal by the first and second defendants against a decision of Langley J, made on 18th May 2001, in which he held that certain Part 20 claims proceedings were not discontinued against any of the claimants or Part 20 defendants and that the defendants were not to raise, thereafter, any claim against the claimants or the four or five Part 20 defendants arising out of the same, or substantially the same, facts as the defendants' Part 20 claims, either in arbitration or corporate proceedings, in this or any other jurisdiction.
2. By a letter dated 4th December 2001 written on behalf of the applicants, and in particular Dalmore Products, it was made clear that the applicants did not wish to proceed with the application because:

"We have seen no grounds or reasons to do it now."

3. In these circumstances the proper course is to dismiss the application.
Order: Application dismissed.