28 Apr 2015
The costs nisi order was not varied because the primary reason for allowing the appeal was that the husband did not receive a fair trial — a circumstance not caused by the wife — and the wife's leave application contributed minimally to appeal costs; accordingly no order as to costs of the appeal, below or of the leave application was appropriate, and the wife's application for costs was refused.
5 Nov 2013
Because DLS was invited to participate and materially assisted the court and because the leave hearing functioned as a rolled-up substantive hearing (the court found on objective evidence that the Administrator had taken into account the Relationship and Performance Factors, rendering Grounds 1 and 2 not reasonably arguable), exceptional circumstances existed to vary the order nisi and award costs to DLS; costs to be taxed if not agreed with certificate for two counsel and applicants' costs taxed under legal aid regulations.
14 Dec 2005
Leave to appeal was refused. The trial judge was correct to exclude the police statement because the witness could and should have been called; the finding of 60% contributory negligence against the plaintiff was justified when measured against the combined tortious conduct of the defendants and remained unsupportedly reducible when assessed individually; no question of law of sufficient general or public importance or injustice was established to merit leave under s22(1)(b).
12 May 2003
Leave to appeal refused because the trial judge had conducted a detailed credibility assessment and the contested matters were findings of fact that the Court of Appeal could not properly reassess, therefore no arguable ground for granting leave.