In 2019/20, of the 16 challenges made under Section 68, only one was successful.
In 2019/20, of the 22 determined applications under Section 69 for appeal on a point of law, permission was granted in only seven. No ultimate success rate was published.
In 2018/19 none of the 39 applications under Section 69 were ultimately successful, and in 2017/18 only two of the 87 applications under Section 69 succeeded.
What is also clear is the year-on-year decrease in the number of Section 68 and Section 69 applications being brought before the Commercial Court, which might suggest an increasing acceptance among applicants of the low chances of success associated with such applications.
THE COMMERCIAL COURT’S APPROACH