Section 18(1)(f) which provides that no appeal shall lie to the Court of Appeal without the leave of the lower court ‘relating only to costs which by law are left to the discretion’ of the lower court, has no application if the appeal court is able to say that the judge in the lower court did not really exercise his discretion at all or based his discretion upon an inadmissible reason.
Citations:
[1986] 1 WLR 615
Statutes:
Supreme Courts Act 1981 18(1)(f)
Jurisdiction:
England and Wales
Cited by:
Not applied – Aden Refinery Co Ltd v Ugland Management Co Ltd CA 1986
A dispute under a charterparty was referred to arbitration.
Held: The charterers were refused leave to appeal to the court under section 1(3)(b) of the Arbitration Act 1979. They were also refused leave to appeal to the court under section . .
Cited – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 23 March 2022; Ref: scu.226188