sec.48Power of the court to stay or dismiss applications in certain circumstances

### sec.48 Power of the court to stay or dismiss applications in certain circumstances The court may stay or dismiss an application under section 20 , 21 , 22 or 43 or a claim for relief in such an application, if the court considers that— it would be inappropriate— for proceedings in relation to the application or claim to be continued; or to grant the application or claim; or no reasonable basis for the application or claim is disclosed; or the application or claim is frivolous or vexatious; or the application or claim is an abuse of the process of the court. A power of the court under this section— must be exercised by order; and may be exercised at any time in the relevant proceeding but, in relation to the power to dismiss an application, the court must try to ensure that any exercise of the power happens at the earliest appropriate time. The court may make an order under this section— of its own motion; or on an application by a party to the proceeding. The court may receive evidence on the hearing of an application for an order under this section. An appeal may be brought from an order under this section only with the leave of the Court of Appeal. (sec.48-ssec.1) The court may stay or dismiss an application under section 20 , 21 , 22 or 43 or a claim for relief in such an application, if the court considers that— it would be inappropriate— for proceedings in relation to the application or claim to be continued; or to grant the application or claim; or no reasonable basis for the application or claim is disclosed; or the application or claim is frivolous or vexatious; or the application or claim is an abuse of the process of the court. (sec.48-ssec.2) A power of the court under this section— must be exercised by order; and may be exercised at any time in the relevant proceeding but, in relation to the power to dismiss an application, the court must try to ensure that any exercise of the power happens at the earliest appropriate time. (sec.48-ssec.3) The court may make an order under this section— of its own motion; or on an application by a party to the proceeding. (sec.48-ssec.4) The court may receive evidence on the hearing of an application for an order under this section. (sec.48-ssec.5) An appeal may be brought from an order under this section only with the leave of the Court of Appeal. - (a) it would be inappropriate— (i) for proceedings in relation to the application or claim to be continued; or (ii) to grant the application or claim; or - (i) for proceedings in relation to the application or claim to be continued; or - (ii) to grant the application or claim; or - (b) no reasonable basis for the application or claim is disclosed; or - (c) the application or claim is frivolous or vexatious; or - (d) the application or claim is an abuse of the process of the court. - (i) for proceedings in relation to the application or claim to be continued; or - (ii) to grant the application or claim; or - (a) must be exercised by order; and - (b) may be exercised at any time in the relevant proceeding but, in relation to the power to dismiss an application, the court must try to ensure that any exercise of the power happens at the earliest appropriate time. - (a) of its own motion; or - (b) on an application by a party to the proceeding.