This was an Appeal brought by the Claimant in this Claim, against the order issued on 18 February 2022. The Appeal Notice dated 24 February 2022, set out the Claimant’s request for an oral hearing to determine permission to appeal against the Judgment, which was held , in the presence of the parties on 1 March 2022.

In accordance with RDC 53.91, permission to appeal may be granted in limited situations, being when there was a real prospect that the appeal would succeed, or where there was another compelling reason why the appeal should be heard.

It was found the Appeal did meet the requirements under RDC 53.91.

It was stated “the expert incorrectly assessed the MEP work which was relied on in the Judgment”.

This statement could be construed to be a position from which the Claimant could argue that there had been error on the part in reaching the conclusion set out in the Judgment.