Source: All England Reporter
Publisher Citation: [2002] All ER (D) 278 (Jul)
Court: Court of Appeal, Civil Division

Laws and Jonathan Parker LJJ

Representation Christopher Butcher QC and David Bailey (instructed by Clifford Chance) for the applicant.
  Rhodri Davies (instructed by Slaughter & May) for the respondents.
Judgment Dates: 18 July 2002


Appeal - Permission to appeal - Application to set aside permission to appeal - Whether grant of permission should be set aside - CPR 52.9.

The Case

The power to set aside the grant of permission to appeal, under CPR52.9, ought only to be exercised for a compelling reason, such as where a decisive statutory authority or provision had been overlooked, or where the judge in granting permission had been misled, which was so serious as to amount to an irregularity.

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