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:
Cited – Balmoral 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 . .
Cited – Jackson 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 . .
Cited – Multiplex 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 Also – In 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 Also – Stanford 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