Settelen & Anor v Commissioner of Police of the Metropolis, Court of Appeal - Chancery Division, September 29, 2004, [2004] EWHC 2171 (Ch)

Reporting Judge: [2004] EWHC 2171 (Ch)

President: Settelen & Anor v Commissioner of Police of the Metropolis

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Extract

Settelen & Anor v Commissioner of Police of the Metropolis, Court of Appeal - Chancery Division, September 29, 2004, [2004] EWHC 2171 (Ch)

Neutral Citation Number: [2004] EWHC 2171 (Ch)

Case No: HC04C02993

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 29th September 2004

Before :

THE HONOURABLE MR JUSTICE PETER SMITH

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Between :

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Mr Thomas Lowe (instructed by Reed Smith) for the Claimant

Mr Duncan Macleod (instructed by Metropolitan Police Service) for the Defendant

Hearing dates: Thursday 16th September 2004

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Judgment

The Honourable Mr Justice Peter Smith :

INTRODUCTION

1. This Judgment is handed down as a result of a hearing that took place on 16th September 2004. At the end of the hearing I indicated that I would accede to the Claimant's application for relief as sought before me subject to undertakings being given by the Claimants and the Claimant's Solicitors as to the preservation of the tapes, the subject matter of the application.

2. The Defendant, the Commissioner of the Police of the Metropolis had indicated through its Counsel Mr Macleod at the hearing before me that it was content for the copy tape the subject matter of the application to be delivered up to be held in accordance with the undertakings to which I have already made reference. However, it contended that it was not obliged to deliver the copy tape up and that therefore it sought an order that the Claimants pay its costs. The Claimants for their part contended that they woul...

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