304. Refusal to reserve question of law

304. Refusal to reserve question of law

(1) If the Supreme Court or the County Court refuses an application under section 302 to reserve a question of law, the applicant may apply to the Court of Appeal for an order calling on—

(a) the court which dismissed the application; and

(b) the respondent—

to show cause why the question of law should not be reserved for determination by the Court of Appeal.

(2) On an application under subsection (1), the Court of Appeal may order that the question of law be reserved for its determination or refuse the application with or without costs.

(3) If the Court of Appeal orders that the question of law be reserved, the court to which the order is directed must reserve the question for determination by the Court of Appeal.