Jolly v Jay and Another: CA 7 Mar 2002

The applicant sought to appeal a refusal to grant him permission to renew an oral application for leave to appeal. The respondent had appeared at the initial unsuccessful application, and had been awarded costs although there appeared to be no provision for their appearance.
Held: The Rules contained inconsistencies, and needed clarification. The Court of Appeal cannot entertain an application for permission to appeal from ‘a decision of an appeal court’. The Civil Appeals Office should in future refuse to list such applications. The court office explain the nature of the respondent’s potential involvement in the preliminary stages of a new appeals process because many misunderstandings showed that necessary. A second appeal to the CA must raise an important point of principle or practice, or there must be some other compelling reason for the Court of Appeal to hear it: see rule 52.13. An appeal against an order for costs on a refused application for permission to appeal by a circuit judge lay to a High Court as a ‘first appeal’


Lord Justice Brooke, Lord Justice Sedley and Lady Justice Arden


Times 03-Apr-2002, [2002] EWCA Civ 277




Civil Procedure Rules Part 52 52(3)(b), Access to Justice Act 1999 (Destination of Appeals) Order 2000 (2000 No 1071 (L10))


England and Wales


CitedRiniker v University College London (Practice Note) CA 5-Apr-2001
The Employment Appeal Tribunal does not have jurisdiction to hear an appeal which does not set out to disturb any part of the order made by the original tribunal. There is no inherent power in the Court of Appeal to bypass the prohibition in . .

Cited by:

CitedCherrilow Ltd v Butler-Creagh CA 9-Dec-2011
The claimants challenged an order granting the defendants leave to appeal against judgment, saying that the application had been made without the required disclosure and with material inaccuracies.
Held: The court should not take the . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules, Costs

Updated: 05 June 2022; Ref: scu.167969