12 January 2012
Hutcheson (formerly known as WER) v Popdog Ltd (formerly known as REW) [2011] EWCA Civ 1580, [2011] All ER (D) 178 (Dec)
Save in exceptional circumstances, three requirements had to be satisfied before an appeal, which was academic as between the parties, might be allowed to proceed. First, the court had to be satisfied that the appeal would raise a point of some general importance. Second, the respondent to the appeal had agreed to it proceeding, or had at least been completely indemnified on costs and was not otherwise inappropriately prejudiced. Finally, the court had to be satisfied that both sides of the argument would be fully and properly ventilated.
