Forrester Ketley & Co v David Brent [2005] EWCA Civ 562, [2005] All ER (D) 113 (May)
When considering whether or not to grant permission to take a particular step when permission to take that step is required by an extended civil restraint order, it is necessary to assess whether the suggested step has a realistic prospect of success. If it does not, it would normally be right to withhold permission.
An exception might be where there is some other reason which appears to the court, when assessing where the interests of justice lie, to be sufficient to justify granting permission. Even where the step has a realistic prospect of success, there might exceptionally be a case where that step would nonetheless be oppressive to the other party, and that might suffice to persuade the court to withhold permission.
