RE: News11 Mar 2019 22:46
The Variation Order is accordingly discharged and, in the exercise of my discretion, I decline to continue or replace it with a fresh injunction until the end of the April session of the Court of Appeal, so as to run with the Plaintiffs' own stay of my Order of December 21, 2018 discharging the Interim Injunction. That stay was granted on February 11, 2019 on tlie grounds that the Plaintiffs' appeal against that decision had realistic prospects of success and that if the stay was not granted the appeal would be rendered nugatory. I saw no inconsistency between my robustly finding that the Plaintiffs' substantive breach of fiduciary claim had no realistic prospects of success, on the one hand, and on the other hand accepting that the Plaintiffs' core appellate complaint that it was not properly open to me to reach that conclusion at the interlocutory stage, had realistic prospects of success before the Corirt of Appeal.