s 2 Application for leave.of court
(1) Any application for the leave of the court for the purposes of the preceding section shall be made ex parte, except in so far as rules of court may otherwise provide in relation to applications which are made after the commencement of a relevant action. (2) Where such an application is made before the commencement of any relevant action, the court shall grant leave in respect of any cause of action to which the application relates if, but only if, on evidence adduced by or on behalf of the plaintiff, it appears to the court that, if such an action were brought forthwith and the like evidence were adduced in that action, that Limitation Act 1963 Cu. 47 evidence would, in the absence of any evidence to the contrary, be sufficient— (a) to establish that cause of action, apart from any defence under section 2 (1) of the Limitation Act 1939, and (b) to fulfil the requirements of subsection (3) of the preceding section in relation to that cause of action. (3) Where such an application is made after the commencement of a relevant action, the court shall grant leave in respect of any cause of action to which the application relates if, but only if, on evidence adduced by or on behalf of the plaintiff, it appears to the court that, if the like evidence were adduced in that action, that evidence would, in the absence of any evidence to the contrary, be sufficient— (a) to establish that cause of action, apart from any defence under section 2 (1) of the Limitation Act 1939, and (b) to fulfil the requirements of subsection (3) of the preceding section in relation to that cause of action, and it also appears to the court that, until after the commencement of that action, it was outside the knowledge (actual or constructive) of the plaintiff that the matters constituting that cause of action had occurred on such a date as (apart from the preceding section) to afford a defence under section 2 (1) of the Limitation Act 1939. (4) No appeal shall lie from any decision of the Court of Appeal on an appeal against a decision on an application under this section. (5) In this section “relevant action”, in relation to an application for the leave of the court, means any action in connection with which the leave sought by the application is required.