Langley & Ors v Coal Authority [2002] EWCA Civ 1198 (31 July 2002)

Langley & Ors v Coal Authority [2002] EWCA Civ 1198 (31 July 2002)

Permission to appeal was granted solely because the issue has general significance and could affect many similar cases, despite the court's view that the appeal has little prospect of success.

Citation
[2002] EWCA Civ 1198
Parties
Claimants/respondents: Langley & Ors; Respondent/applicant: Coal Authority
Jurisdiction
England and Wales
Judgment Date
31 July 2002
Procedural Posture
Appeal / Permission to Appeal Application in the Court of Appeal From the Lands Tribunal
Outcome
Permission to appeal granted with conditions.
Legal Topics
Appeals, Remedial Works, Costs Orders, Expedition of Proceedings
Civil Procedure Property Law Appeals Remedial Works Costs Orders Expedition of Proceedings

Case Brief

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Parties

Langley & Ors

Claimants/respondents

Coal Authority

Respondent/applicant

Procedural Posture

Appeal / Permission to Appeal Application in the Court of Appeal From the Lands Tribunal

Legal Issues

  1. 1 Whether permission to appeal should be granted from the Lands Tribunal's order regarding remedial works for subsidence
  2. 2 Whether there is a compelling reason for the appeal to be heard given its general significance

Ratio Decidendi

Permission to appeal was granted solely because the issue has general significance and could affect many similar cases, despite the court's view that the appeal has little prospect of success.

Court Disposition

Permission to appeal granted with conditions.

Orders

  • Permission to appeal granted on condition that the appellant pay the respondents' costs in any event.
  • Appeal to be expedited and heard before end of February 2003.