Misgivings And Leave To Appeal

The judgment of Andrews J in SFO v ENRC [2017] EWHC 1017 has attracted considerable interest and criticism. The Law Society has already publicly expressed misgivings and many if not most litigation lawyers believe that the Judge was wrong to hold as she did. ENRC has already announced it will seek leave to appeal from the Court of Appeal (the Judge having refused to grant it). Such leave will probably be granted later this term and the new Lord Chief Justice, to be appointed in July, will probably want to preside at the appeal. It is unlikely that it will occur before next summer. In part because the Law Society and several other legal associations will probably seek to intervene with written and/or oral submissions all critical of this judgment which will lengthen the hearing.