The parties had disputed the provision of free travel to school, and permission had been granted for a leapfrog appeal direct to the House of Lords. The Council then sought instead to take the matter to the Court of Appeal. The claimants said that they had no such choice.
Held: If a party found the terms of the reference to the House unwelcome, he had the alternative of proceeding instead to appeal to the Court of Appeal: ‘a term precluding argument on a specific point or points cannot be treated as irrevocable or incapable of revision, but written cases will be drafted and oral argument prepared in compliance with such a term, from which the appellate committee will ordinarily be unwilling to depart.’ The council had been free to withdraw its petition.
Judges:
Lord Bingham of Cornhill, Lord Hoffmann, Lord Scott of Foscote, Lord Mance and Lord Neuberger of Abbotsbury
Citations:
[2007] UKHL 24, Times 24-May-2007
Links:
Statutes:
Administration of Justice Act 1969, Appellate Jurisdiction Act 1876
Jurisdiction:
England and Wales
Citing:
Cited – Attorney-General for Northern Ireland v Gallagher HL 1961
The defendant appealed against his conviction for the murder of his wife. The court allowed his appeal on the ground of a misdirection. The prosecutor having now appealed, he sought to plead insanity.
Held: The appeal was allowed on the new . .
See Also – Jones and others v Ceredigion County Council CA 28-Jul-2005
The parties had challenged the respondent’s decision not to provide free transport to school. The judge granted certificates allowing leave to apply direct to the House of Lords on two issues, and to the Court of Appeal on one other. The House later . .
See Also – Jones, Regina (on the Application of) v Ceredigion County Council Admn 22-Jun-2004
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school.
Held: Provided the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Education
Updated: 11 July 2022; Ref: scu.252519