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LORD JUSTICE MAURICE KAY LORD JUSTICE MOSES MRS JUSTICE BARON ____________________
(DAR Transcript of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400 Fax No: 020 7831 8838 Official Shorthand Writers to the Court)
Mr Zane Malik, instructed by Malik Law Chambers Solicitors, appeared on behalf of the Appellant. Miss Susan Chan, instructed by Treasury Solicitors, appeared on behalf of the Respondent. ____________________
LORD JUSTICE MAURICE KAY: It follows that the order should say that the appeal is dismissed. I think the order should specifically say that it is being dismissed for want of jurisdiction.
MISS CHAN: I am very grateful, my Lord. The respondent would submit that the appropriate order would be no order as to costs on the basis that until leave is granted, the appellant was effectively successful in that point, that the appellant ought to have appreciated the abandonment point, which was raised at the same time as leave was given, and therefore they cancel each other out. That is why the respondent would not ask for an order for costs.
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