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One problem is it is too easy to get permission to appeal. I was on the receiving end of one where we had a comprehensive judgment striking out the claim, other side asked for permission, got turned down, asked again, and basically bored a judge late on Friday afternoon until he granted permission on one narrowly limited ground. Total waste of time as even that would never overturn the substantive verdict but it delayed us getting our costs by 18 months.

If it should be a 2 stage step for permission, asking the original judge ought to be the first. He can certify if there is a public law interest.

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