THE APPELLATE JUDGE SHOULD NOT HAVE ALLOWED THE APPELLANTS TO RUN A NEW ISSUE : THE ABILITY TO PAY COSTS IS AN IMPORTANT FACTOR AND WAS NOT CONSIDERED PROPERLY

Here we have a case where the appellants were, initially, allowed to argue a point that had not been argued in the court below.  The Court of Appeal was clear in its view that the judge should not have allowed the appellants to raise this point.  In particular there were significant cost consequence...