Appellate courts will apply special restraint when reviewing case management decisions, particularly those made by judges managing cases in the Commercial and Managed Cases list. The requirement for leave to appeal from interlocutory decisions is not merely a procedural hurdle but must be the lens through which the entirety of the appeal is viewed. The existence of parallel arbitral proceedings, and the risk of inconsistent findings or wasted resources, does not of itself establish a substantial injustice warranting appellate interference with a decision to proceed to trial. Where jurisdiction has been regularly invoked, access to the courts is a right, and the court cannot decline to exercise jurisdiction merely because the hearing may be rendered nugatory.
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