The Court of Appeal
Published November 27, 2006
Angel Airlines SA (in Liquidation) v Dean & Dean (a Firm)
The Court of Appeal had power to revoke the grant of permission to appeal where the judge granting permission had been misled.
The Court of Appeal (Lord Justice Auld, Lord Justice Rix and Lord Justice Moses) so held on October 24, 2006, revoking permission granted by Mr Justice Holland on March 28, 2006, to the defendants, Dean & Dean, solicitors, to appeal from Master Seager Berry who, on February 15, 2006, reduced taxation of their costs from £463,235.50 to £99,949.65 against the claimant, Angel Airlines SA, a Romanian company in liquidation.
Lord Justice Rix giving the judgment of the court in brief form because of urgency, said Mr Justice Holland had been misled. Under Rule 52.10 of the Civil Pocedure Rules, the Court of Appeal had all the powers of the High Court which included, under rule 52.9, the power to set aside permission to appeal in whole or in part.