Abiola v Daniel & Ors [2005] EWCA Civ 1733
LORD JUSTICE MUMMERY:
[1]What I am doing in this case is standing it over to a date on which it should be heard inter partes. That date should be convenient to counsel on both sides. I will then decide whether or not to reinstate the applications for permission to appeal which are the subject of the inter partes hearing.[2]Inevitably I will need to hear from both sides submissions about the likely prospect of success on the appeal, because I think that is a factor which may come into the decision whether or not to reinstate. There is no point in reinstating an application for permission if it does not have a real prospect of succeeding. It is all mixed up together. It is not appropriate for me to hear the matter today when only the applicant is represented, and I have skeleton arguments from the respondent, which the applicant's counsel has not had time to consider and on which he and I may have points on which we require assistance from the respondent's counsel.[3]In those circumstances I am standing it over: 1 hour. I will direct that, if it is possible, it should be reserved to be heard by me because I have already read the papers and I have some grasp of the points that require decision. ---