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Leave to appeal refused where trial credibility findings on negligence, based on primary facts, lacked reasonable prospect of being overturned.
• Civil procedure – leave to appeal – where trial judgment rests on credibility of primary witnesses, appellate interference inappropriate absent misdirection; • Evidence – credibility assessments – departure from pleaded case undermines witness credibility; • Contract law – inference from evidence – appellate court may draw inferences but cannot overturn credible primary findings without clear misdirection.
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