[2005] EWCA Civ 894, 19 July 2005. Y retained T under a design and build contract to carry out works of improvement to a sewage treatment works. The contract provided for performance tests to be carried out and passed within one year of the takeover certificate, but these were never performed. Y argued that the plant was defective, employed others to carry out remedial works, and issued proceedings to recover the costs. Y's claim was dismissed on grounds of both fact and law. Y sought leave to appeal. "Held": the burden on a prospective appellant wishing to appeal against findings of fact was hard to discharge. In this case, most of the evidence had been given by experts, and the judge had been able to put together all the pieces of a highly complicated issue. His factual decisions had in fact been of the highest quality. Those grounds of appeal based on errors of law were embedded in findings of fact, and did not justify permission to appeal. Y had not begun to measure up to the exacting requirements for permission to appeal, and the application was refused.