Tradigrain SA v Intertek Testing Services [2007] EWCA Civ 154, [2007] All ER (D) 376 (Feb)
The court has jurisdiction under CPR 52.9(1)(b) to set aside permission to appeal in whole or in part, but it is a jurisdiction to be exercised sparingly and only in exceptional cases.
The fact that the court may appear to have been unduly generous to the applicant when giving permission to appeal is not a ground for seeking to have the order set aside. The test for granting permission to appeal is necessarily flexible and the court’s decision, once made, must be accepted.
If it is thought that the order as drawn does not accurately reflect the order pronounced, an application to have it corrected must be made at the earliest opportunity. It is not appropriate for an application of either kind to be made at the hearing of the substantive appeal.
