The court gave guidance on the destination of appeals from county court cases. It was vital to identify the precise nature of the order under appeal: ‘The judges of this court (and the staff at the Civil Appeals Office) have to interpret the order of the lower court as we find it. The relevant decision is the Court’s order, and the Destination Order determines where appeal should lie from that order . . The appeal court must be the one that is readily ascertainable from the face of the court’s order, and not one which would or might have been ascertainable if the judge had made a different order. It would be intolerable if appeal courts had to be subjected to a complicated examination of the types of order that might have been made if the parties had dealt with things differently in the lower court, merely for the purpose of determining whether they possess jurisdiction. The destination of the appeal should be ascertainable from the language of the order.’
Judges:
Lord Justice Mance Lord Justice Brooke Lord Justice Dyson
Citations:
[2005] 1 WLR 1839, [2004] EWCA Civ 965, [2004] 4 All ER 653
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Scribes West Limited v Relsa Anstalt and Another (No 1) CA 1-Jul-2004
The court handed down a New Practice Direction 52 for grounds of appeal, decisions in permissions to appeal, notices to respondents of appeals, appeal bundles etc. . .
Cited by:
See Also – Scribes West Ltd v Relsa Anstalt and others CA 20-Dec-2004
The claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and . .
Cited – Neina Graham v Chorley Borough Council CA 21-Feb-2006
The defendant had submitted after the close of the claimant’s case that it had no case to answer. The judge did not put the defendant to its election as to whether to call evidence, but instead decided to accede to the submission. The claimant now . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Insolvency, Litigation Practice
Updated: 11 June 2022; Ref: scu.199314