“…EWCA Civ 325 at [25] and [34]; Promar International Ltd v Clarke [2006] EWCA Civ 332 at [35] and Bray v Bishop [2009] EWCA Civ 768 at [5]. In Patience v Tanner [2016] EWCA Civ 158 at [33] Gross LJ questioned whether the reference to “manifest injustice” imposed a further threshold requirement, but was content to proceed as if it did. But…”
“…ould not have been, or was not taken into account which should have been, or is “plainly unsustainable”. That test was repeated in Patience v Tanner and Another[2016] EWCA Civ 158; [2016] 2 Costs LR 31, CA at [31]-[33]. On the facts of this case, there is nothing that would lead me to conclude that the proposed appeal even arguably met s…”