||All England Reporter
|| All ER (D) 33 (Jun)
||Court of Appeal, Civil Division
Brooke and Sedley LJJ
||Marc Willems and Michael Jones (instructed by Clement Jones, Liverpool) for the claimant.
||Jeremy Stuart-Smith QC and Jonathan Hough (instructed by Weightman Vizards, Liverpool) for the defendant.
||4 June 2003
Practice and procedure - Appeal - Permission to appeal - Condition - Permission granted on condition that appellant would pay respondent's costs of appeal whatever the outcome - Nature of decision to impose condition on permission to appeal.
A decision to place a condition on a grant of permission to appeal was not simply a case management decision, but rather a question of substantive justice. Even if it was simply a case management decision, it behoved the Court of Appeal to take a close and careful look at any condition imposed on access to the Court of Appeal which was otherwise merited
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