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Permission to continue derivative action—points not raised or argued at first instance (Popely v Popely)

Permission to continue derivative action—points not raised or argued at first instance (Popely v Popely)
Published on: 02 March 2018
Published by: LexisPSL
  • Permission to continue derivative action—points not raised or argued at first instance (Popely v Popely)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: Applying previous Court of Appeal authority, the court held that an appellate court, even at the level of a single judge, should not ordinarily hear new issues raised for the first time on appeal save in exceptional circumstances, although there was a discretion to do so where the matter was a pure point of law. or take a trial to read the full analysis.

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