As long as the decision hearing has been formally adjourned, any such application can be treated as having been made ‘at’ it for the purpose of CPR r 52.3(2)(a).
We wish to say, however, that we do not believe that such adjournments should in the generality of cases be necessary. Where a reserved judgment has been pre-circulated in draft in sufficient time parties should normally be in a position to decide prior to the hand down hearing whether they wish to seek permission to appeal, and to formulate grounds and such supporting submissions as may be necessary; and that will often be so even where there has been an ex tempore judgment. Putting off the application will increase delay and create a risk of procedural complications. But we accept that it will nevertheless sometimes be justified.
(4)
- Introduction
- The rule
- The Claimant’s arguments on the Covid Protocol
- Create Financial
- McDonald v Rose
- In the case of a formal hand down where counsel have been excused from attendance that can be done by applying in writing prior to the hearing.
- Jackson v Marina Homes
- As long as the decision hearing has been formally adjourned, any such application can be treated as having been made ‘at’ it for the purpose of CPR r 52.3(2)(a).
- LisleMainwaring
- also
- Hysaj
- Conclusion