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 of Appeal. Appeals will generally be subject to leave being obtained. An appeal should only be allowed where the decision of the lower court was ‘wrong’ or where it was unjust because of a serious procedural or other irregularity in the proceedings. It is only in an ‘exceptional’ case that a second appeal may be sanctioned. The general rule is that the decision of the appeal court on the first appeal will be the final decision. It is no longer possible to pursue a second appeal merely because the appeal is properly arguable or has a real prospect of success.
‘A final decision includes the assessment of damages or any other final decision where it is ‘made at the conclusion of part of a hearing or trial which has been split up into parts and would, if made at the conclusion of that hearing or trial, be a final decision:’ article 1(3) of the Order of 2000; it does not include a decision only on costs. This means that if a judge makes a final decision on any aspect of a claim, such as limitation, or on part of a claim which has been directed to be heard separately, this is a final decision within the meaning of this provision.’
Judges:
Brooke LJ
Citations:
Times 17-May-2000, Gazette 15-Jun-2000, [2000] 1 WLR 1311, [2000] EWCA Civ 152, [2000] 2 All ER 801, [2000] EWCA Civ 3023
Links:
Statutes:
Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004, Civil Procedure Rules
Jurisdiction:
England and Wales
Citing:
Approved – G v G (Minors: Custody Appeal) HL 25-Apr-1985
The House asked when a decision, on the facts, of a first instance court is so wrong as to allow it to be overturned on appeal.
Held: The epithet ‘wrong’ is to be applied to the substance of the decision made by the lower court. ‘Certainly it . .
Cited by:
Applied – Slot and Slot v Isaac CA 12-Apr-2002
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 . .
Explained – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – Price v Price (Trading As Poppyland Headware) CA 26-Jun-2003
The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure . .
Cited – Sarah Lloyd Jones and others v T Mobile (Uk) Ltd CA 31-Jul-2003
The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land.
Held: Appeal lay here from the County . .
Cited – Totalise Plc v The Motley Fool Limited and Interative Investor Limited (2) CA 19-Dec-2001
The respondent operated a web site which contained a chat room. Defamatory remarks were made by a third party through the chat room, and the claimant sought details of the identity of the poster. The respondent refused to do so without a court . .
Cited – Ross v Stonewood Securities Ltd ChD 7-Oct-2004
The claimant appealed an order reducing his award of costs. . .
Cited – Uphill v BRB (Residuary) Ltd CA 3-Feb-2005
The court considered an application for leave for a second appeal.
Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an . .
Cited – Law v Margarets Insurances Limited CA 27-Feb-2001
The defendant sought to set aside a judgment entered against it for the cost of repairs to the claimant’s boat engine, saying that they were not the insurers but merely the insurance brokers. Their appeal had been incorrectly prepared and had been . .
Cited – Haw and Another v City of Westminster Magistrates’ Court Admn 12-Dec-2007
The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay.
Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted . .
Cited – Ridsdill and others v Smith and Nephew Medical, Duffy, Whittleton EAT 22-Jun-2006
EAT Practice and Procedure – Striking-out/dismissal.
Chairman’s decision to strike out claims which had not been actively pursued and when there had been failure to comply with Tribunal orders. The appeal . .
Cited – Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd ChD 4-Aug-2010
The landlord had opposed the renewal of the claimant’s business tenancies saying that it wished to redevelop the sites. Before the matter came to trial, the landlord went into administration, and the tenant sought summary judgment. It now appealed . .
Cited – White v Southampton University Hospitals NHS Trust and Another QBD 1-Apr-2011
The claimant doctor sued in defamation for letters written by the defendants to the Fitness to Practice Directorate. She now sought to appeal against a finding that she could not rely upon one letter which had come to her attention through . .
Cited – C v V CoP 25-Nov-2008
The court heard an appeal objecting to the appointment of a sibling as Deputy for the parents now lacking capacity. Both daughters had at one time been appointed under Enduring Powers of Attorney, acting jointly, but the daughters became estranged. . .
Cited – Roerig v Valiant Trawlers Ltd CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under . .
Cited – Dellal v Dellal and Others FD 1-Apr-2015
The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Civil Procedure Rules
Updated: 23 May 2022; Ref: scu.135758