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The position between the grant of permission and the determination of the appeal
 
The position between the grant of permission and the determination of the appealAppeals:position between grant of permission and determination of appealAppeals
18.43It is not unknown for the appellant’s case to change after the grant of permission. In such a case, the appellant’s representatives should write to the appeal court and to the other party, indicating the proposed nature of the changed case. The court should be asked to indicate whether it will deal with the matter at the beginning of the hearing of the appeal or whether it will give directions on an earlier date. After being informed of the respondent’s attitude, the court can decide whether to shut out the new grounds or allow them to be argued.1See by analogy, Shire v Secretary of State for Work and Pensions [2003] EWCA Civ 1465 at paras 6–7 and the commentary in the White Book 2016 at paras 52.3.20 and 52.8. Similarly, if there has been a material change in circumstances after the grant of permission, which would affect the question of whether permission should have been given, the applicant should inform the court in writing.2See, by analogy, Walbrook Trustee (Jersey) Ltd v Fattal [2008] EWCA Civ 427 at para 49. A failure to take either step will waste money and court time, and may have adverse cost consequences.3See, by analogy, R (a child) [2010] EWCA Civ 303 at paras 14–16.
 
1     See by analogy, Shire v Secretary of State for Work and Pensions [2003] EWCA Civ 1465 at paras 6–7 and the commentary in the White Book 2016 at paras 52.3.20 and 52.8. »
2     See, by analogy, Walbrook Trustee (Jersey) Ltd v Fattal [2008] EWCA Civ 427 at para 49. »
3     See, by analogy, R (a child) [2010] EWCA Civ 303 at paras 14–16. »
The position between the grant of permission and the determination of the appeal
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