Handley & Anor v Lake Jackson Solicitors (a firm) & Ors [2016] EWCA Civ 465 (24 May 2016)

Handley & Anor v Lake Jackson Solicitors (a firm) & Ors [2016] EWCA Civ 465 (24 May 2016)

Where a county court judge has heard an appeal and made decisions on the substantive issues and costs, any further appeal (including on costs) lies only to the Court of Appeal under Article 5 of the Destination of Appeals Order 2000. The second appeals test under s.55 of the Access to Justice Act 1999 applies only to the substantive decision, not to ancillary costs orders. If there has not been a hearing of the appeal (e.g., appeal withdrawn), the appeal on costs lies to the High Court.

Citation
[2016] EWCA Civ 465
Parties
Claimant/respondent: Ian Handley; Claimant/respondent: Sheila Evans; Defendant/appellant: Lake Jackson Solicitors (A Firm); Appellant/respondent: Vanda Lopes; Respondent/appellant: London Borough of Croydon; Claimant/respondent: Christie Owen & Davies Limited; Defendant/appellant: Isabelle Michelle Awan; Defendant/appellant: Safaraz Awan
Jurisdiction
England and Wales
Judgment Date
24 May 2016
Procedural Posture
Civil Appeals (costs Orders and Appeal Destinations) / Court of Appeal Judgment on Jurisdiction and Permission to Appeal
Outcome
Permission to appeal granted in part; appeals directed to correct appellate forum; permission refused in one case.
Legal Topics
Appeal Destinations, Second Appeals Test, Costs Orders, Jurisdiction, Access to Justice Act 1999, Civil Procedure Rules
Civil Procedure Appellate Practice Appeal Destinations Second Appeals Test Costs Orders Jurisdiction Access to Justice Act 1999 Civil Procedure Rules

Case Brief

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Parties

Ian Handley

Claimant/respondent

Sheila Evans

Claimant/respondent

Lake Jackson Solicitors (A Firm)

Defendant/appellant

Vanda Lopes

Appellant/respondent

London Borough of Croydon

Respondent/appellant

Christie Owen & Davies Limited

Claimant/respondent

Isabelle Michelle Awan

Defendant/appellant

Safaraz Awan

Defendant/appellant

Procedural Posture

Civil Appeals (costs Orders and Appeal Destinations) / Court of Appeal Judgment on Jurisdiction and Permission to Appeal

Legal Issues

  1. 1 What is the correct appellate destination for appeals against county court costs orders made on appeal?
  2. 2 Does the 'second appeals test' apply to appeals against costs orders made by a county court judge on appeal?
  3. 3 How should Article 5 of the Access to Justice Act 1999 (Destination of Appeals) Order 2000 be interpreted in relation to costs orders?

Ratio Decidendi

Where a county court judge has heard an appeal and made decisions on the substantive issues and costs, any further appeal (including on costs) lies only to the Court of Appeal under Article 5 of the Destination of Appeals Order 2000. The second appeals test under s.55 of the Access to Justice Act 1999 applies only to the substantive decision, not to ancillary costs orders. If there has not been a hearing of the appeal (e.g., appeal withdrawn), the appeal on costs lies to the High Court.

Court Disposition

Permission to appeal granted in part; appeals directed to correct appellate forum; permission refused in one case.

Orders

  • Permission to appeal granted to Awan & Awan against specified paragraphs of the order of 27 July 2015.
  • Lopes v London Borough of Croydon remitted to the High Court for consideration of permission to appeal.