Practice – Pre-trial or post-judgment relief. In deciding whether to impose 'payment in' as a condition to appeal under CPR 52.9 where the prospective appellant's ability to make a payment in depended upon it receiving financial support from a third party, the question was whether the third party would do so in the particular case and whether the condition would stifle the appeal. In applying the test, the Court of Appeal, Civil Division dismissed, for a second time, the defendant's application under CPR 3.1(7) to vary the 'payment in' condition imposed and dismissed the appeal.