Leave to appeal an interlocutory decision will be refused where the decision is not attended by sufficient doubt to warrant it being reconsidered, no arguable error of fact or principle is identified, and the decision is not arguably unreasonable or plainly unjust.
Mossop J
A Court of Appeal will refuse leave to appeal an interlocutory case management decision directing that a strike-out application be heard before the substantive hearing where no arguable error of fact or principle is identified and the decision is not unreasonable or plainly unjust. The risk of delay and fragmentation of proceedings is a key consideration militating against granting leave.
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