“…In Bank of Scotland v Pereira [2011] EWCA Civ 241; [2011] 1WLR 2391, Lord Neuberger MR expressly considered the interplay between the appeal process and r.39.3. He said:…”
“…The general approach to be adopted in relation to applications under CPR Part 39.3(3) was confirmed in Bank of Scotland v Pereira [2011] EWCA Civ 241; [2011] 1 WLR 2391 (“Pereira”). There Lord Neuberger MR stated:…”