Khan v Commissioner Of Police For Metropolis [2001] EWCA Civ 544 (5 April 2001)

Khan v Commissioner Of Police For Metropolis [2001] EWCA Civ 544 (5 April 2001)

No arguable procedural irregularity or error of law was demonstrated; allocation to the Small Claims Track was not appealed at the time and does not justify a second appeal; no important point of principle or compelling reason for appeal established.

Citation
[2001] EWCA Civ 544
Parties
Claimant/applicant: Sarah Noor Khan; Defendant/respondent: Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
05 April 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Appeals, Small Claims Track, Case Allocation, Procedural Irregularity
Civil Procedure Appeals Small Claims Track Case Allocation Procedural Irregularity

Case Brief

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Parties

Sarah Noor Khan

Claimant/applicant

Commissioner of Police for the Metropolis

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the allocation of the case to the Small Claims Court was a procedural error justifying appeal
  2. 2 Whether there was a serious irregularity or mistake of law in the lower courts' decisions

Ratio Decidendi

No arguable procedural irregularity or error of law was demonstrated; allocation to the Small Claims Track was not appealed at the time and does not justify a second appeal; no important point of principle or compelling reason for appeal established.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused