Heath Giles & Co (A Firm) v Thorogood & Anor [2001] EWCA Civ 1914 (7 December 2001)

Heath Giles & Co (A Firm) v Thorogood & Anor [2001] EWCA Civ 1914 (7 December 2001)

Section 54(4) of the Access to Justice Act 1999 expressly prohibits an appeal against a refusal of permission to appeal by a lower court, leaving the appellate court with no discretion to grant permission.

Citation
[2001] EWCA Civ 1914
Parties
Claimant/respondent: Heath Giles & Co (a firm); Defendant/applicant: Edith Rose Thorogood; Defendant/applicant: Robert Arthur William Thorogood
Jurisdiction
England and Wales
Judgment Date
07 December 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Appeals, Permission to Appeal, Charging Orders, Access to Justice Act 1999
Civil Procedure Appeals Permission to Appeal Charging Orders Access to Justice Act 1999

Case Brief

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Parties

Heath Giles & Co (a firm)

Claimant/respondent

Edith Rose Thorogood

Defendant/applicant

Robert Arthur William Thorogood

Defendant/applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether permission to appeal can be granted against a refusal of permission to appeal by a county court judge under section 54(4) of the Access to Justice Act 1999

Ratio Decidendi

Section 54(4) of the Access to Justice Act 1999 expressly prohibits an appeal against a refusal of permission to appeal by a lower court, leaving the appellate court with no discretion to grant permission.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed