Concerning challenges to leave to appeal: ‘(if) the Judge was misled by an Appellant, not necessarily deliberately, into giving permission to appeal, that may well be a compelling reason within the Rule. It must . . involve showing (a) that the materials put before the judge were inaccurate or incomplete; (b) that these deficiencies had a bearing upon the grounds on which permission to appeal was given; and (c) very importantly, that but for them permission to appeal would not have been given.’
Judges:
Sedley LJ
Citations:
[2001] EWCA Civ 1238, [2001] CP Rep 115
Links:
Statutes:
Civil Procedure Rules 52.9(1)(b)
Jurisdiction:
England and Wales
Cited by:
Cited – Southern and District Finance Plc v Turner CA 7-Nov-2003
The defendant sought to assert that the agreement under which possession of her house was sought was an extortionate credit bargain. She had to obtain leave to appeal out of time.
Held: The rules required an application to be supported by . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules
Updated: 14 September 2022; Ref: scu.201141