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 decided only to allow an appeal on terms unacceptable to the council. The council now sought to raise each issue in the Court of Appeal.
Held: The appeal could proceed (Waller LJ dissenting). The crucial element lay in section 13(2). That subsection prevented an appeal where a decision had been made, but the word ‘decision’ was not to be restricted to the meaing of judgment or order’ in section 16(1) of the 1961 Act. The judge had granted permission, and therefore thought there was some possibility of success. The case should therefore be heard.
Waller, Maurice Kay LJJ, Sir Christopher Staunton
[2005] EWCA Civ 986, Times 16-Sep-2005, [2005] 1 WLR 3626
Education Act 1996 509(1), Administration of Justice Act 1969 12(1) 13(2)(b), Supreme Court Act 1961 16(1)
England and Wales
CitedLake v Lake CA 1955
Mrs Lake’s answer to an allegation of adultery had been one of denial or, in the alternative, condonation. Her husband’s petition was dismissed, the Commissioner finding that there had been adultery but that it had been condoned. She sought to . .
CitedZenovics, Regina (on the Application Of) v Secretary of State for the Home Department CA 7-Mar-2002
. .
CitedRegina v Emmett and Another HL 16-Oct-1997
The defendants had been arrested as they unloaded four tons of cannabis from a boat.
Held: Their appeal against a confiscation order was allowed despite the acceptance of a statement when the acceptance had been based on a mistake of law or . .

Cited by:
See AlsoCeredigion County Council v Jones and others HL 23-May-2007
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 . .

These lists may be incomplete.
Updated: 30 January 2021; Ref: scu.229051