“… sought to be taken on appeal is a pure point of law which can be run on the basis of the facts as found by the judge in the lower court: see eg Preedy v Dunne [2016] EWCA Civ 805 at [43]–[46]. In such a case, it is far more likely that the appeal court will permit the point to be taken, provided that the other party has time to meet the…”
“…ent upon facts or evidence, the court is more likely to grant permission: See for instance, Pitallis v Grant [1989] QB 605 at page [611C-F]; and Preedy v Dunne [2016] EWCA Civ 805 at paragraphs [43] and [44]. In this case the point sought to be raised is not one of evidence. The evidence relating to the comparators and their probative st…”
“…ought to be taken on appeal is a pure point of law which can be run on the basis of the facts as found by the judge in the lower court: see e.g. Preedy v Dunne [2016] EWCA Civ 805 at [43]-[46]. In such a case, it is far more likely that the appeal court will permit the point to be taken, provided that the other party has time to meet the…”