Case No. IP-2018-000045

11.Before looking at the law more generally, I refer to a case cited by Mr St Quintin, namely Create Financial Management LLP v Lee [2020] EWHC 2046 (QB) and the further arguments he made by reference to that case. 12.In Create Morris J gave judgment in an application for an interim injunction. It was handed down in the afternoon of 17 July 2020. The parties considered its terms for about 40 minutes and then the hearing resumed. There was further oral argument and a supplementary judgment. It was apparent that further matters had to be considered and that another hearing would be necessary the following week. One followed on 20 July 2020 at which the judge approved a draft Order. Thereafter the defendants sought permission to appeal. It was recognised by the judge and the parties that a further issue remained outstanding. The judge gave directions for a further hearing which took place on 24 July 2020. 13.At the hearing on 24 July 2020 the claimant raised the contention that the court had no jurisdiction to give permission to appeal since the application for permission had not been made – it had not been made at the hearing at which the decision to be appealed was made, in compliance with CPR 52.3(2)(a), namely the hearing of 17 July 2020. The defendants submitted that at the close (loosely termed) of the hearing on 17 July 2020, the hearing was adjourned to be continued the following week and was continued on 20 July 2020. 14.Morris J held that since the issue of permission to appeal was made after he had approved the draft order, even if the hearing of 20 July 2020 was a continuation of the hearing of 17 July 2020, as to which the judge made no final ruling, that hearing came to an end upon his approval of the draft order and the making of the order of 20 July 2020. Consequently CPR 52.3(2)(a) was not satisfied and the judge had no jurisdiction to consider an application for permission to appeal. 15.Mr St Quintin submitted that none of the mischiefs to which CPR 52.3(2)(a) is addressed, referred to by Morris J, arise in the present case. That is true, but Morris J considered those mischiefs, in his paragraph 40, which he drew from Lisle-Mainwaring v Associated Newspapers Ltd [2018] EWCA Civ 1470. He said that the mischiefs did not arise on the facts before him and yet he still found that the application for permission to appeal was not made at the hearing specified in CPR 52.3(2)(a). His judgment shows that the question whether CPR 52.3(2)(a) has been complied with does not depend on whether, on the facts of the case, the Lisle-Mainwaring mischiefs are prevented by the rule. 16.Mr St Quintin further submitted that unlike the events in Create Financial, no order has been made dealing with any of the consequences of my judgment of 22 April 2021. He said that I must have anticipated further argument and therefore, by inference, I adjourned the hearing at which the decision to be appealed was made. 17.Although I have no recollection of what I thought at the time, I assume that I contemplated the possibility of further argument. However, I must also have considered it possible that the parties would agree a form of order and in particular that the claimant may choose not to appeal. I do not see any necessary inference of an adjournment of the hearing.