Where a development finance agreement divides total funding into 'initial funding' and 'construction funding' with a cost schedule limiting advances for each category, the making of an advance equal to or exceeding the aggregate of the initial cost categories constitutes the provision of 'initial funding' regardless of how the advance was actually applied. A communication barrier between a litigant and their former solicitor caused by the litigant's own failure to pay costs does not constitute a basis for 'special grounds' to adduce further evidence on appeal.
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