Telesystem Intl Wireless Inc. v CVC/Opportunity Equity Partners LP
| Jurisdiction | Cayman Islands |
| Judge | (Sanderson, J.) |
| Judgment Date | 05 October 2001 |
| Court | Grand Court (Cayman Islands) |
| Date | 05 October 2001 |
(Sanderson, J.)
Attorneys: Walkers for the plaintiffs; Hunter & Hunter for the defendants.
Civil Procedure-appeals-leave to appeal
The general test of whether leave to appeal should be granted is: Does the appeal have a real (i.e. realistic, not fanciful) prospect of success? (Swain v. Hillman, [1999] T.L.R. 745, dicta of Lord Woolf, M.R. applied). In exceptional circumstances, leave will be granted even where no such prospect exists if the appeal involves an issue which should be examined by the Court of Appeal in the public interest, e.g. when a public policy issue arises or a binding authority requires reconsideration. The relative significance of the issues and the costs necessary to examine them will be a relevant factor.
In an appeal on a point of law (including on the ground that a finding of the lower court is unsupported by evidence), leave should not be granted unless the court considers there is a real prospect that the Court of Appeal will come to a different conclusion that will materially affect the outcome of the case.
In appeals on questions of fact, leave will be appropriate if the lower court has drawn an untenable inference from primary facts or should have drawn a materially different inference, and no particular benefit has been received from the court”s having seen the witnesses. Leave will nevertheless rarely be given for an appeal based on the judge”s evaluation of oral evidence and requiring an examination of the detail of his factual investigation. The court must give its reasons for granting or refusing leave in all factual appeals. Leave will also rarely be granted to appeal on the basis of...
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