CR-2025-001323 - [2025] EWHC 2297 (Ch)

The principal question which I address in this judgment is whether to issue a certificate pursuant to section 12 of the Administration of Justice Act 1969 (“the AJA”) (“a leapfrog certificate”) which would permit the Plan Company (Footnote: ¹) to make an application for permission to appeal to the UK Supreme Court in respect of my decision to decline to sanction the Plan. There is an ancillary question whether the Plan Company should, in the alternative, be granted permission to appeal to the Court of Appeal. A third, and more minor issue which I must determine relates to a dispute as to the costs incurred since my judgment (which I formally handed down on 19 August 2025), and in particular the costs relating to the Plan Company’s application for a leapfrog certificate. This judgment follows a remote hearing (on Teams) on 29 August 2025.