It is difficult to see why the power given to the arbitral tribunal to continue proceedings should extend to an application to the first instance court but not beyond.
This section requires a judgment by the first instance court, here the Magistrate, as to the overall fairness, in all the circumstances, of admitting the evidence.
At the conclusion of his judgment he doubted whether the parties had benefited from a further exposition from another first instance court on this long standing issue.
In those circumstances it is more appropriately dealt with by a first instance court.
The general rule applied by the Court of Appeal, and thus the relevant basis for first instance courts deciding whether to grant permission, is that permission will be given unless an appeal would have no real prospect of success.
1.1(in the UK) a branch of the former Admiralty Court dealing with private maritime matters.
(英国)(旧时的)私人海事分庭
Example sentencesExamples
The Instance Court likewise regulates many other points of maritime law, such as disputes between part-owners of vessels, and questions relating to salvage.