Hertsmere Borough Council v Slattery & Ors [2002] EWCA Civ 1231 (23 July 2002)

Hertsmere Borough Council v Slattery & Ors [2002] EWCA Civ 1231 (23 July 2002)

Permission to appeal is refused because the lower court's decision was inevitable on the material and arguments presented; new evidence should be the subject of a fresh application to the Queen's Bench Division, not an appeal.

Citation
[2002] EWCA Civ 1231
Parties
Claimant/respondent: Hertsmere Borough Council; Defendants/applicants: Michael Slattery & Others
Jurisdiction
England and Wales
Judgment Date
23 July 2002
Procedural Posture
Appeal (civil) / Application for Permission to Appeal From Order of Queen's Bench Division
Outcome
Permission to appeal refused
Legal Topics
Injunctions Under Town and Country Planning Act 1990, Article 8 ECHR, Stay of Injunction, Variation or Discharge of Injunction
Planning Law Human Rights Law Civil Procedure Injunctions Under Town and Country Planning Act 1990 Article 8 ECHR Stay of Injunction Variation or Discharge of Injunction

Case Brief

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Parties

Hertsmere Borough Council

Claimant/respondent

Michael Slattery & Others

Defendants/applicants

Procedural Posture

Appeal (civil) / Application for Permission to Appeal From Order of Queen's Bench Division

Legal Issues

  1. 1 Whether the court should grant permission to appeal the lifting of a stay on an injunction under section 187B of the Town and Country Planning Act 1990
  2. 2 Whether new evidence relating to Article 8 ECHR rights and merits can be considered at this stage
  3. 3 Whether the proper course is to apply afresh to the Queen's Bench Division

Ratio Decidendi

Permission to appeal is refused because the lower court's decision was inevitable on the material and arguments presented; new evidence should be the subject of a fresh application to the Queen's Bench Division, not an appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application refused
  • Detailed assessment of the Applicants' publicly funded costs