Accordingly, I consider that Ground 2 should never have been raised, let alone to have been allowed to assume the importance that it did in the original application for permission to appeal. It was not a point which the appellant was entitled to take in view of the content and state of the expert evidence, and the conduct of the trial; it was only ever going to be of tangential relevance to the principal question in the case; and it was a wholly unfair criticism in any event. For these reasons, I also reject Ground 2 of the appeal. 9. Conclusions For the reasons which I have explained, if my Lords agree, I propose that this appeal be dismissed. Lord Justice Moylan : I agree. Lord Justice Simon : I also agree.
Accordingly, I consider that Ground 2 should never have been raised, let alone to have been allowed to assume the importance that it did in the original application for permission to appeal. It was not a point which the appellant was entitled to take in view of the content and state of the expert evidence, and the conduct of the trial; it was only ever going to be of tangential relevance to the principal question in the case; and it was a wholly unfair criticism in any event. For these reasons, I also reject Ground 2 of the appeal. 9. Conclusions For the reasons which I have explained, if my Lords agree, I propose that this appeal be dismissed. Lord Justice Moylan : I agree. Lord Justice Simon : I also agree.
Committeri-Final-Judgment-Handed-Down-09.08.2018.docx