 |  |
|
 |
 |
 |
 |
|  | |  | |
Proposal 47
If a requirement of leave for appeals to the Court of Appeal is introduced, the Court of
Appeal should have power, in relation to applications for leave which are wholly
unmeritorious and tantamount to an abuse of its process, to dismiss such applications
without an oral hearing, subject to the applicant being given one final opportunity to show
cause in writing why the application should not be so dismissed.
Interim Report paras 540-541
Proposal 47 would be of considerable importance if a requirement for leave to appeal
were introduced for appeals from final judgments at first instance. However, since the
Working Party has recommended against such a requirement
and since it has
recommended that the Court of Appeal should deal with applications for leave to
appeal on the papers and without an oral hearing,
Proposal 47 no longer has a role
to play.
Recommendation 118: Proposal 47 (for the Court of Appeal to adopt a special
procedure for dismissing certain applications for leave to appeal) should not be
adopted.
Notes
Recommendation 114.
Recommendation 112.
|
 |
|