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Recommendation 112: A procedure designed to avoid separate oral hearings
of applications for leave to appeal should be adopted, generally requiring any
application before the CFI judge to be made at the original hearing and, if
refused, for any further application for leave to be made in writing and usually
dealt with by the Court of Appeal comprising two Justices of Appeal, on the
papers and without an oral hearing. Where considered necessary, the Court of
Appeal should be able to direct that there be an oral hearing before the original
two judges or before a panel of three judges.
Recommendation 113: A refusal of leave to appeal by the Court of Appeal in
relation to such purely interlocutory questions should be final. Where, however,
the Court of Appeal hears the appeal, it should be open to the parties to apply
for leave to appeal to the Court of Final Appeal in accordance with section
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