King's / Queen's Bench Division of the High Court

KA-2024-BHM-000008 - [2025] EWHC 2093 (KB)

Fecha: 12-Ago-2025

Permission to appeal

Permission to appeal

CPR r52.6(1) provides that permission to appeal may be given only where: (a) the court considers that the appeal would have a real prospect of success; or (b) there is some other compelling reason for the appeal to be heard. In Gray v Global Energy Horizons Corp [2020] EWCA Civ 1668; 2021 1 WLR 2264, at paragraph 492, the Court of Appeal said, as one would expect, that the approach to be taken by a court in determining whether to grant permission to appeal on issues of fact should be guided by the principles applicable to an appellate court that is determining the appeal on this basis.

Heading
Mr Justice Cavanagh
The grounds of appeal
The relevant legal principles
Appeals on findings of fact
Appeals on matters expert evidence
Adequacy of reasons
In Glas SAS itself, Falk LJ said, at paragraph 29
That course of action was not followed in the Glas SAS case. At paragraph 32e, Falk LJ said
The obligation to deal with a point in cross-examination if a party wishes to rely upon it
Permission to appeal
The findings and reasoning of the judge
The evidence and the judge’s findings that are relevant to the cyclospora issue The Appellant’s evidence, as recorded by the judge
The judge’s review of the expert evidence
The judge’s conclusions on the cyclospora issue
The evidence and the judge’s findings that are relevant to the causation issue
The judge’s review of the expert evidence on causation
The judge’s conclusions on causation
The grounds of appeal, and the oral submissions on behalf of the Appellant
Grounds relating to the cyclospora issue
Discussion
Grounds relating to the causation issue
Discussion
Conclusions