In re Stanford International Bank Ltd and Others: ChD 9 Jul 2009

One of the parties wanted to request permission to appeal, but had not done so at the hearing. The court considered whether it had power to do so at a later hearing.
Held: It did not. The Rules set out a deliberately prescriptive regime which the court must follow. Once the hearing was concluded, the court at first instance could not later grant leave to appeal.

Lewison J
[2009] EWHC 1661 (Ch)
Bailii
Civil Procedure Rules 52
England and Wales
Citing:
CitedBalmoral Group Ltd v Borealis (UK) Ltd and others ComC 23-Aug-2006
Whether court had jurisdiction to hear application for permission to appeal. Clarke J said: ‘the rules provide for the lower court to be able to grant permission at the hearing at which the decision to be appealed was made. On the facts of this . .
CitedJackson v Marina Homes Ltd CA 2008
Sir Henry Brooke considered the requirements in the CPR for requesting permission to appeal: ‘When the CPR introduced a well-nigh universal regime for permission to appeal-see CPR r.52.3(1) -the rule makers introduced a tough regime in order to . .
CitedMultiplex Construction (Uk) Ltd v Honeywell Control Systems Ltd TCC 8-Feb-2007
Application for permission to appeal. Jackson J considered whether permission to appeal should have been requested at the hearing: ‘It seems to me that I have got to interpret the provisions of Rule 52.3 and the provisions of the Practice Direction . .
See AlsoIn re Stanford International Bank Ltd and Others ChD 3-Jul-2009
Sir Andrew Morritt explained the relationship of the Regulation, the Model Law, and the still earlier European Convention on Insolvency Proceedings: ‘To understand the arguments and explain my conclusion it is necessary to consider the evolution of . .

Cited by:
See AlsoStanford International Bank Ltd, Re CA 25-Feb-2010
Hughes LJ said: ‘it is essential that the duty of candour laid upon any applicant for an order without notice is fully understood and complied with. It is not limited to a duty not to misrepresent. It consists in a duty to consider what any other . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 31 October 2021; Ref: scu.347489