Westminster City Council v O’Reilly and others: CA 1 Jul 2003

The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates.
Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the clear ouster of jurisdiction contained in the 1981 Act.
Auld LJ said: ‘the words of Section 28A and of Section 18 of the 1981 Act mean what they say. When a decision is declared final by statute, then this court [the Court of Appeal] has no jurisdiction to hear it by virtue of that provision and by Section 18 of the 1981 Act’


Auld LJ


Times 21-Aug-2003, Gazette 11-Sep-2003, [2004] 1 WLR 195


Supreme Court Act 1981 18 28A, Magistrates Courts Act 1980 111, Access to Justice Act 1999 (Destination of Appeals) Order 2000 (2000 No 1071) 5


England and Wales


Appeal fromWestminster City Council v O’Reilly and others QBD 28-Feb-2003
The premises consisted of a ground floor and basement. A music and dancing licence was in effect for part of the premises, but the appellant challenged the grant of a special hours certificate, based upon that licence, for the entire premises.
AppliedIn 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 by:

CitedRegina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal Admn 25-Mar-2004
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act.
Held: The right to have a judicial review could only be . .
AppliedFarley v Secretary of State for Work and Pensions (No 2) CA 22-Jun-2005
The Court of Apeal had previously considered an appeal from the grant of a liability order made by magistrates. It had become clear that the order had been made without jurisdiction.
Held: The order must be set aside. The court had no . .
CitedKenya Aid Programme v Sheffield City Council Admn 22-Jan-2013
The claimant challenged a decision that it was liable for non domestic rates in respect of some commercial units, on the basis that the use by the charity was not itself charitable.
Held: ‘there is no reason for limiting the ambit of the . .
Lists of cited by and citing cases may be incomplete.

Licensing, Litigation Practice

Updated: 06 May 2022; Ref: scu.186037