||All England Reporter
|| All ER (D) 63 (Apr)
|| EWCA Civ 341
||Court of Appeal, Civil Division
Brooke, Wilson LJJ and Sir Peter Gibson
||Stephen Bickford-Smith (instructed by Prince Evans) for the claimant.
||Martin Hutchings (instructed by Kosky Seal & Co) for the defendant.
||The defendant's surveyor appeared in person.
||5 April 2006
Practice - Appeal - Statutory appeal - Rule of procedure under which appeal should be brought - , s 17(10) - CPR 8, 52, .
CPR52 was intended to cover a form of statutory appeal such as that under s10(17) of the and the provisions of Pt52 were amply sufficient to allow justice to be done on such an appeal. CPR70.5 created a procedure, which could be initiated by a court officer without the intervention of a judge, for the enforcement of an award of a sum of money made by any court, tribunal, body or person other than the High Court or a county court so long as an enactment provides that the award might be enforced as if payable under a court order, or that the decision might be enforced as if it were a court order. The 1996 Act contained no such provision, so that an award made under that Act could not be enforced through the CPR70.5 procedure.
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