A master considering an application for leave to appeal under s 208M of the Legal Profession Act 1987 must consider any material evidence bearing on whether leave should be granted, including evidence going to the likely outcome of the appeal if leave is granted, given that the appeal would be a complete re-hearing de novo. The discretion to grant leave is very wide, and relevant factors include the amount in dispute, the course of proceedings below, delay, the absence of explanation for late evidence, and the strength of the proposed fresh evidence.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
3 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.