Leave to appeal was sought against a judge’s finding that he had no jurisdiction to hear an application for leave to appeal against another order itself refusing leave to appeal against a case management decision. The party had declined to make any application to the original judge. They said that were following a path they had previously taken.
Held: A previous incorrect procedure could not be repeated. The Act explicitly required the application to be heard by the original judge, and the exceptions did not apply here. In future such an application should be rejected summarily by the court.
Judges:
Lord Justice Brooke
Citations:
[2002] EWCA Civ 481
Links:
Statutes:
Civil Procedure Rules 52.1(3)(b), Access to Justice Act 1999 54(4)
Jurisdiction:
England and Wales
Citing:
Applied – Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald CA 12-May-2000
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules
Updated: 06 September 2022; Ref: scu.170147