Source: All England Reporter
Publisher Citation: [2011] All ER (D) 178 (Dec)
Neutral Citation: [2011] EWCA Civ 1580
Court: Court of Appeal, Civil Division

Lord Neuberger MR, Etherton and Gross LJJ

Representation Hugh Tomlinson QC (instructed by Schillings) for the claimant.
  The defendant did not appear and was not represented.
  Adrienne Page QC (instructed by Farrer & Co LLP) for the additional party.
Judgment Dates: 19 December 2011


Practice - Appeal - Permission to appeal - Claimant's interim injunction being set aside - Claimant being refused order restraining publication of certain information - Claimant's appeal against refusal of restraint order being dismissed - Claimant seeking permission to appeal setting aside of interim injunction - Additional party publisher contending issue of academic importance as publication of information no longer prohibited - Court issuing guidance on conditions in which permission to appeal would be granted where issue of academic importance.

The Case

Practice Appeal. The Court of Appeal, Civil Division, in dismissing an application for permission to appeal against the setting aside of an interim injunction, offered guidance on when permission to appeal would be granted in circumstances where the appeal would, as between the parties, be academic.

Practice Areas

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