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Eid v Al Kazemi (No 2)

[2004] EWCA Civ 1811

Court: Court of Appeal
Date of Judgment: 11.12.04
Daniel Lightman QC, Jennifer Haywood

At first instance the applicant had obtained an order for the transfer of shares. The respondent had resisted the application on the ground of undue influence but the trial judge had found that there had been no undue influence and, in any event, that the respondent had affirmed the contract. The respondent had obtained permission to appeal. The applicant sought reconsideration of the decision to grant permission to appeal on the basis that he had not been provided with a copy of the respondent's skeleton argument and had not had an opportunity to make representations as to the respondent's submissions. The defendant had obtained permission to appeal from Neuberger LJ on paper, without allowing the claimant to see the skeleton argument she had filed with the Court of Appeal.

Neuberger J reconsidered the decision he had reached on paper in light of the applicant's submissions and found that there was no reasonable prospect of an appeal succeeding. He therefore set aside the grant of permission to appeal.

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