More unenthusiasm for interlocutory appeals

Finn v R [2011] VSCA 68 continues the general trend of the Court of Appeal discouraging the routine use of interlocutory appeals. This time, the appellant sought to challenge a decision admitting evidence of statements by a deceased under s65(2)(b) of the Evidence Act 2008.

Dangerous delays

Applicants for special leave to appeal to the High Court are well familiar with three standard bases on which special leave is refused:

1. The case does not raise any issue of sufficient importance
2. The case does not have sufficient prospects of success
3. The case is not a suitable vehicle for raising the issue in question

So far, one striking feature of the French High Court has been its increasingly aggressive position on the issue of court delays. As a result, we may start to see the emergence of a fourth basis:

• The delays in the case have been too great to justify further extending proceedings