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As two of the respondents
to the consultation pointed out, adopting Proposal 45
might have negative consequences. It may be difficult to distinguish between "pure
case management" decisions and other interlocutory decisions and so may lead to
much sterile argument on the distinction.
For the foregoing reasons, the Working Party recommends against adopting Proposal
45.
Recommendation 116: Proposal 45 (for a rule against granting leave to appeal
from case management decisions unless a significant point of principle is
raised) should not be adopted.
Notes
The BSCPI and a set of barristers' chambers.
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