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Hunt v Peasegood, Court of Appeal, 13 October 2000

27 October 2000
The issues

Setting aside permisssion to appeal by C.A.

The facts

The Applicant applied to set aside the permission granted by Lord Justice Aldous to the Claimant to appeal against orders of the High Court Judge setting aside a statutory demand and quashing a bankruptcy order against the Defendant.

The decision

The Court was concerned only with whether there was a compelling reason to set aside the permission that had been granted. In considering whether there was such a reason the Court had to bear in mind the overriding objective and the purpose of the requirement that there had to be permission to appeal. The request for permission did not require analysis of the grounds of the proposed appeal. The Court had to decide only if there was a real prospect of success. If so, permission would be granted. If not, it would be refused.

Comments

Consideration should still be given to the Iran Nabuvat Times June 22nd 1990 and Smith v Cosworth 4 All ER 1997.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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