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LTA 98/5685/1

Royal Courts of Justice

Wednesday, 30th September 1998

Before:

LORD JUSTICE HOBHOUSE

LORD JUSTICE THORPE

LORD JUSTICE MUMMERY

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INCO EUROPE LIMITED

INCO ALLOYS LIMITED

INCO LIMITED

(A company incorporated under the laws of Canada)

Plaintiffs

-v-

FIRST CHOICE DISTRIBUTION (A FIRM)

LOGISTICS PLANNING SERVICES LIMITED

STEINWEG (HANDELSVEEM BV)

(A company incorporated in the laws of the Netherlands )

SMEETS FERRY BV

(A company incorporated in the laws of the Netherlands )

Defendants

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(Computer Aided Transcript of Smith Bernal

Reporting Limited, 180 Fleet Street,

London EC4A 2HD. Telephone No: 0171-421 4040

Shorthand Writers to the Court)

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MR. A. GHAFFAR (instructed by Messrs Holman, Fenwick & Willan) appeared for the Appellants/Applicants.

MR. M. HALLIWELL (instructed by Messrs Hill Dickinson) appeared on behalf of the Respondent.

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P R O C E E D I N G S

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LORD JUSTICE HOBHOUSE: Obviously it is a matter of importance. It affects cases other than this. Since we have given leave and determined the appeal, that gives you a standing to apply to the Appeal Committee of the House of Lords for leave to appeal to their House. Under those circumstances we will refuse leave. We appreciate that the applicant may wish to take this matter further and may wish to apply to their Lordships' House for leave to appeal. They will be able to consider whether or not they should grant leave to appeal. We would not on any view consider that the point in the second half of the case, in other words, the substantive matter, justified the giving of leave. The question that is of more general importance is the question of the jurisdiction of the Court of Appeal.