An application to discharge an undertaking to hold judgment monies on trust pending appeal is to be determined in the same way as a stay application. The test requires the applicant to show a substantial prospect that special leave will be granted, not merely an arguable case of error. The formulation from R v Shambayati — that prospects 'could not be regarded as necessarily being so limited as to justify' refusing the stay — is an appropriate description of sufficient prospects.
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