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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 >> Golding v Clarke & Clarke  EWCA Civ 570 (27 March 2001)
Cite as:  EWCA Civ 570
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE STOCKPORT COUNTY COURT
(His Honour Judge Tetlow)
Tuesday, 27th March 2001
B e f o r e :
|- v -|
|CLARKE AND CLARKE|
of Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 0171-421 4040
Fax No: 0171-831 8838
Official Shorthand Writers to the Court)
Crown Copyright ©
"to obtain advice from a barrister on the merits of this appeal she has lodged and on the merits of applying to the court for leave to extend the grounds of appeal by pleading that the hearing on 17th October 1999 infringed Mrs Clarke's right to a fair trial now embodied in Article 6 of the Human Rights Act for the reasons set out in paragraph 3 of Mrs Clarke's notice of appeal dated 18th November 1999."
"I personally gave the defendants a copy of the weekly summary of takings, a further copy of which is now produced and marked 'MG 7' and annexed hereto to the defendants before they purchased the public house."
"At the hearing Judge Tetlow informed us at the outset that he would hear the application and the appeal at the same time. We had no legal representation and further we did not have copies of all the evidence in our case as we had been informed that the full appeal would not be heard at this application. Therefore we did not have a complete file of all our papers. We did not believe that we would have been required to prove our entire case at this hearing due to the representations made to us by the court office in Stockport."
"To produce the following documents which we did not have with us at the hearing on 29 October 1999."
"In summary, therefore, we feel it was reasonable to give a turnover certification based upon the basic records, i.e. the cash book. We are 'reasonably satisfied' rather than 'entirely satisfied' with the figures as certified by Michael A. Dolphin. In order to be entirely satisfied one would need sight of all the records and bank statements of the previous owner."
"... we feel it was reasonable to give a turnover certification based upon the basic records, i.e. the cash book."
"Paragraph (b) of subsection (1) of section 7 applies to proceedings brought by or at the instigation of a public authority whenever the act in question took place; but otherwise that subsection does not apply to an act taking place before the coming into force of that section."
"A person who claims that a public authority has acted (or purported to act) in a way which is made unlawful by section 6(1) may -
(b) rely on the Convention right or rights concerned in any legal proceedings."