Handley & Anor v Lake Jackson Solicitors (a firm) & Ors

Handley & Anor v Lake Jackson Solicitors (a firm) & Ors

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

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 Appeal / Court of Appeal Judgment on Destination and Permission for Appeal
Outcome
Permission to appeal granted in part; appeals remitted or refused as appropriate.
Legal Topics
Destination of Appeals, Second Appeals Test, Costs Orders, Jurisdiction, Permission to Appeal
Civil Procedure Costs Appeals Destination of Appeals Second Appeals Test Costs Orders Jurisdiction Permission to Appeal

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 Appeal / Court of Appeal Judgment on Destination and Permission for Appeal

Legal Issues

  1. 1 Correct appellate destination for costs orders following county court appeals
  2. 2 Application of second appeals test under Access to Justice Act 1999 and CPR 52.13
  3. 3 Jurisdictional interpretation of Article 5 of the Destination of Appeals Order 2000

Ratio Decidendi

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

Court Disposition

Permission to appeal granted in part; appeals remitted or refused as appropriate.

Orders

  • Permission to appeal granted against specified paragraphs of order in Christie Owen & Davies Ltd v Awan & Awan.
  • Lopes v London Borough of Croydon remitted to High Court for consideration of permission to appeal.