A right of appeal is not dependant upon an assessment of the chances of success on appeal. An appeal against the grant of leave to appeal should not anticipate the full appeal. There is a heavy onus on a respondent who seeks to set aside leave to appeal. Before applying, the respondent must bear in mind that the fact that the appeal has no realistic prospect of success does not necessarily mean that leave should not have been given. The applicant will be required to establish that there was no good reason for giving leave, which may not be the same thing.
Citations:
Gazette 12-Mar-1997, Times 28-Mar-1997, [1997] EWCA Civ 1099, [1997] PIQR P227, [1997] 1 WLR 1538
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Stein v Blake and others CA 13-Oct-1997
The defendants challenged leave to appeal given to the plaintiff against dismissal of his claim following the Prudential Assurance case.
Held: The issue was whether the plaintiff can recover the loss which he has allegedly sustained by reason . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 05 November 2022; Ref: scu.141495