As an aside,
on granting permission to appeal (as an application for permission to appeal had to be issued as the Judge had rejected the oral application for permission to appeal at the original hearing), the Court of Appeal had recognised that it was unusual for an exercise of judicial discretion to be appealed but stated that the decision of His Honour Judge Purle QC was highly speculative as to «border
on the Micawberism» (which those of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds
blind faith that «
something will turn up»).