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Mind the Gap: Perversity as a Point of Appeal, an Insurmountable Chasm? - Liam Ryan, 7 Bedford Row

30/01/18. Any appeal against a County Court decision on the grounds of perversity is always going to be complex and difficult. From an Appellants point of view there will no doubt be a sense of genuine unfairness at a result and a sense of trepidation that the Judiciary may “close ranks” to protect any Judge subject to such an appeal. This is set against a Respondents desire to have a litigation concluded and to not have to re-endure the stress, risk, and cost of being forced to relitigate. Whilst the Courts have shown a willingness to consider appeals based on the grounds of perversity, it is important to understand what needs to be made out to succeed and how to differentiate between genuine and objective perversity and a party’s sense of subjective dissatisfaction at an outcome.

Perversity as a point of appeal

When considering if a Judgement should, or could be appealed as being perverse, it is absolutely vital to remember the dicta of Laws LJ in Subesh v Secretary of State for the Home Department[2004] EWCA Civ 56 namely that...

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