Still v Smart & Ors, Court of Appeal - Civil Division, October 29, 1998, [1998] EWCA Civ 1641

Reporting Judge: [1998] EWCA Civ 1641

President: Still v Smart & Ors

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Still v Smart & Ors, Court of Appeal - Civil Division, October 29, 1998, [1998] EWCA Civ 1641

IN THE SUPREME COURT OF JUDICATURE No CHANF 97/0759/3

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM ORDER OF HIS HONOUR JUDGE WEEKS QC

Royal Courts of Justice

Strand

London WC2

Thursday, 29th October 1998

B e f o r e:

LORD JUSTICE KENNEDY

LORD JUSTICE ALDOUS

LORD JUSTICE POTTER

- - - - - -

STILL

Plaintiff/Appellant

- v -

SMART and Others

Defendants/Respondents

- - - - - -

(Computer Aided Transcript of the Palantype Notes of

Smith Bernal Reporting Limited, 180 Fleet Street,

London EC4A 2HD

Tel: 0171 421 4040

Official Shorthand Writers to the Court)

- - - - - -

MR CHARLES PURLE QC and MISS MARGARET McCABE (Instructed by Poole & Co of Crewkerne, Somerset) appeared on behalf of the Appellant

MISS PHILOMENA HARRISON (Instructed by Clarks of Reading, Berkshire) appeared on behalf of the Respondent

- - - - - -

J U D G M E N T

(As Approved by the Court)

(Crown Copyright)

- - - - - -

LORD JUSTICE KENNEDY: I will ask Lord Justice Potter to give the first judgment.

LORD JUSTICE POTTER: This appeal concerns a dispute between two property developers as to the proceeds of various sites in Dorset and Devon. They are the plaintiff ("Mr Still") who for many years has specialised in small domestic developments, either by way of conversion or new building in a country style, and the first defendant ("Mr Smart") who, following his retirement from a transport company in 1992, commenced business as a property developer through the medium of hi...

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