The court considered an application to strike out a notice of appeal on the basis that it showed no reaonable ground.
Held: The court had such a power. It was ‘exercisable on the same basis as an application to strike out a pleading under RSC Ord 18, r19, where there is no possibility that the grounds in the notice are capable of argument or that the court would entertain new grounds relating to matters not raised in the court below. Such a power should be confined to clear and obvious cases, and should not be utilised where any extensive inquiry into the facts is necessary.’
Citations:
[1990] 1 WLR 1215
Jurisdiction:
England and Wales
Cited by:
Applied – B M Samuels Group Limited and Nelsons Solicitors (a Firm) v McAllister CA 4-Nov-1997
The defendants sought to have struck out the claimant’s notice of appeal.
Held: The appeal had no prospects of success, and the court exercised its power to strike out the notice. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 11 June 2022; Ref: scu.225392
