The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal.
Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is within the ambit of a particular repairing covenant involves the application of legal principles to the facts, the terms of the particular lease or leases, and expert evidence. However, although, in a Platonic sense, there may be only one right answer in any particular case, in practice it is frequently difficult to discern that answer with confidence, and there is often room for disagreement between lawyers, including Judges, as to what it is.’
Judges:
Auld, Laws, Neuberger LJJ
Citations:
Times 28-Nov-2005, [2005] EWCA Civ 1305, [2006] 3 All ER 650
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
Cited – Lane v Esdaile HL 5-May-1891
The court considered the extent of the House’s jurisdiction as an appellate court. Section 3 of the 1876 Act provided that an appeal should lie to the House of Lords from ‘any order or judgment of . . Her Majesty’s Court of Appeal in England’. The . .
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 – 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 – Orchard Court Residents’ Association v St Anthony’s Homes Ltd CA 2003
. .
Cited – Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application CA 25-Feb-1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In . .
Cited – In re Racal Communications Ltd; In Re a Company HL 3-Jul-1980
Court of Appeal’s powers limited to those Given
The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over . .
Cited – Gregory and Gregory v Turner, Turner; Regina (Morris) v North Somerset Council CA 19-Feb-2003
The parties were involved in a boundary dispute. One granted an enduring power of attorney, and sought to appear as a litigant in person through the power.
Held: The right of a litigant in person to represent himself was a personal right, and . .
Cited – Regina on the Application of M v Immigration Appeal Tribunal; Regina (G) v Immigration Appeal Tribunal CA 16-Dec-2004
The appellants sought judicial review of the refusal of asylum. They sought leave to appeal to the Immigration Appeal Tribunal, but that had been refused. They then sought a statutory review by a judge of the Administrative division. That review . .
Cited – North Range Shipping Ltd v Seatrans Shipping Corporation CA 14-Mar-2002
The parties had been involved in an arbitration. The claimant sought leave to appeal. The judge refused to give leave, but did not say exactly why.
Held: Human Rights law required a right of appeal. That right could only be exercised properly . .
Cited – Pembery v Lamdin CA 1940
There was an obligation on the landlord to keep the premises in repair in the condition in which they were demised. The premises were ground floor and basement premises which were let for the purpose of providing accommodation for the public for . .
Cited – Elmcroft Developments Ltd v Tankersley-Sawyer CA 1984
The premises were a part of a late Victorian purpose-built mansion block consisting of 27 flats, including seven basement flats. They formed part of a larger terrace of buildings of a similar character and provided high-class accommodation in a . .
Cited – Wainwright v Leeds City Council CA 1984
The court considered the landlord’s covenant for repair of residential property.
Held: The installation of a damp-course in property which did not previously have one was not a repair: ‘applying the facts of that case to the facts of this . .
Cited – Eyre and others v McCracken CA 10-Mar-2000
The court considered the tenant’s covenant to repair in the context of a need for a damp course: ‘I have regard to the age, (over 150 years) and the design of the building. It has no damp-proof course . . I bear in mind the limited interest of the . .
Cited by:
Cited – Cart and Others, Regina (on The Application of) v The Upper Tribunal and Others Admn 1-Dec-2009
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
Disapproved – Cart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
Cited – The Wellcome Trust Ltd v 19-22 Onslow Gardens Freehold CA 5-Jul-2012
The Court considered whether it had jurisdiction to grant permission to appeal against a decision of the President of the Upper Tribunal (Lands Chamber) refusing permission to appeal to the UT against a decision of the Leasehold Valuation Tribunal. . .
Cited – Sarfraz v Disclosure and Barring Service CA 22-May-2015
The claimant appealed against the refusal of the defendant to remove his name from the list of those barred from working with children. He had been a GP. Though not priosecuted for any criminal offence the Professional Conduct Committee had found . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Judicial Review
Updated: 04 July 2022; Ref: scu.234559