Application for leave to appeal to the Court of Appeal against a ruling of the Social Security Commissioner. The tibunal was asked if the Court of Appeal any jurisdiction to give leave to appeal from the refusal of a Social Security Commissioner to give leave to appeal to her from a decision of the supplementary benefit appeal tribunal?
Sir John Donaldson MR said: ‘I would accept that in a sense the grant or refusal of leave to appeal to the Commissioner is a decision, just as in Ex parte Stevenson [1982] 1 QB, 609 it was accepted that the grant or refusal of leave to appeal was an order of the High Court, but it is not the kind of decision which, in my judgment, s.14 contemplate.’
Judges:
Sir John Donaldson MR
Citations:
[1982] UKSSCSC RSB – 12 – 1983, [1983] 1 WLR 262
Links:
Statutes:
Citing:
Cited – In re Housing of the Working Classes Act 1890, Ex parte Stevenson CA 1892
A party had applied to a judge for what in effect amounted to leave to appeal and had been refused.
Held: Wherever power is given to a legal authority to grant or refuse leave to appeal, the decision of that authority is, from the very nature . .
Cited by:
Appeal from – Bland v Chief Supplementary Benefit Officer CA 1983
(Orse R(SB) 12/83)) The commissioner refused had leave to appeal against a decision of the Supplementary Benefit Appeal Tribunal.
Held: No appeal lay to it against a decision of a Commissioner refusing leave to appeal from a decision of an . .
Cited – Walsall Metropolitan Borough Council v Secretary of State for Communities and Local Government CA 6-Feb-2013
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
Cited – Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc CA 1-Mar-1995
There is no power for Court of Appeal itself to give leave to appeal after High Court’s refusal of leave on an enforcement notice. The court rejected the applicant’s submission that a High Court judge’s decision refusing permission to appeal under . .
Lists of cited by and citing cases may be incomplete.
Benefits
Updated: 11 June 2022; Ref: scu.197416
