JAMES LAMONT & CO., LTD. v. HYLAND, LTD.

(1949) 83 Ll.L.Rep. 477

COURT OF APPEAL.

Before Lord Justice Tucker, Lord Justice Asquith and Mr. Justice Roxburgh.

Practice-Appeal-Fresh notice of appeal after consent to dismissal-Discretion of Court-Action brought by plaintiff ship-repairers against defendant acceptors of bill of exchange given in respect of repair work to ship-Order of Lynskey, J., giving plaintiffs leave to sign judgment under Order 14- Notice of appeal given by defendants- Subsequent consent by defendants to dismissal of appeal, consent being signed by defendants' solicitors and initialled by presiding Judge of Court of Appeal-Payment made by defendants -No order drawn up or entered- Change of solicitors by defendants and fresh notice of appeal given-Discretion of Court to allow appeal to proceed. Practice-Summary proceedings under Order 14-Claim against acceptors of bill of exchange given in pursuance of ship repair contract-Leave to sign judgment-Set off and counterclaim for breach of repair contract-Leave to defend-Repair of defendants' ship undertaken by plaintiffs-Bill of James Lamont & Co., Ltd. v. Hyland, Ltd. C.A. 478 exchange in plaintiffs' favour accepted by defendants in part payment-Claim on bill of exchange-Alleged breach of contract by plaintiffs entitling defendants to damages far in excess of claim on bill of exchange-Order of Master giving plaintiffs leave to sign judgment against defendants with stay of execution -Appeals against Master's order- Order of Lynskey, J., giving plaintiffs leave to sign immediate judgment against defendants without stay of execution-Appeal by defendants- Partial failure of consideration- Unconnected remedies-Discretion of learned Judge.