Where permission to appeal had been granted, an application to set aside that permission had to be considered only where there existed compelling reason for that reconsideration. The issues for the grant were the overriding objective of litigation and whether an appeal offered a real prospect of success. If that existed, permission was to be granted. If not then it should be refused. The cases of Iran Nabuvat [1990] 1 WLR and Smith v Cosworth Casting Processes Ltd ([1997] 4 All ER 840) remained applicable.
Citations:
Times 20-Oct-2000
Jurisdiction:
England and Wales
Litigation Practice, Insolvency
Updated: 10 May 2022; Ref: scu.81531