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(f)
The Court of Appeal ought to have powers either (i) to grant leave; (ii) to refuse
leave; or exceptionally (iii) to summon the parties for an oral hearing on the
question of leave either before the two judges who have considered the papers
or before a panel of three judges (for example, where the two judges are unable
to agree). It may, of course, be the better course simply to grant leave where
there is no agreement between the two judges originally seised of the matter.
(g)
Where the Court of Appeal refuses leave, it should not be required to give
reasons beyond stating in the order dismissing the application the ground upon
which leave is refused (eg, subject to the discussion which follows, that the
application has no reasonable prospects of success, or that it has been made out
of time, and so forth).
The Court of Appeal's refusal of leave ought to be final, without any right to apply,
either to the Court of Appeal or to the Appeal Committee of the Court of Final Appeal
for leave to appeal to the Court of Final Appeal.
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