Source: All England Reporter
Publisher Citation: [2003] All ER (D) 33 (Jun)
Court: Court of Appeal, Civil Division
Judge:

Brooke and Sedley LJJ

Representation 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.
Judgment Dates: 4 June 2003

Catchwords

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.

The Case

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

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.