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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 >> University Of Sussex v Customs & Excise [2002] EWCA Civ 778 (22 May 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/778.html Cite as: [2002] EWCA Civ 778

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IN THE SUPREME COURT OF JUDICATURE
CIVIL DIVISION
ON APPEAL FROM THE HIGH COURT
CHANCERY DIVISION
(Mr Justice Neuberger)

		The Royal Courts of Justice The Strand London Wednesday 22 May 2002

Wednesday 22 May 2002

1. LORD JUSTICE SIMON BROWN: Ought this case to be stood out until the decision of the European Court in Marks & Spencer is available? It is perfectly obvious that the parties do not agree as to the impact that case will have, but it seems to us that the downside is greater if we leave the case in: a greater risk of costs being thrown away in that event than any disadvantage if we stand it out. We will indicate to Listing that once the court is notified that the ECJ's decision in Marks & Spencer is available it ought to afford some priority to relisting this. Hopefully that will be possible within a matter of a few months, rather than a year or more. I will not take it beyond that.
2. LORD JUSTICE MUMMERY: I agree.
ORDER: Application for adjournment allowed. Costs to be in the appeal.