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	England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Abiola v Daniel & Ors [2005] EWCA Civ 1733 (18 April 2005) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2005/1733.html Cite as: [2005] EWCA Civ 1733

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IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT

		Royal Courts of Justice Strand London, WC2
		18 April 2005

1. LORD JUSTICE MUMMERY: 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.
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