L. M. Associates Ltd v Gibbeson

L. M. Associates Ltd v Gibbeson

An order of the High Court refusing permission to appeal and precluding an oral renewal hearing under CPR 52.4(3) when the application is certified as totally without merit is not separately appealable to the Court of Appeal. Section 54(4) of the Access to Justice Act 1999 bars any such appeal, as the order is an...

Source-derived case information.

Parties
Claimant and Respondent: L. M. Associates Limited; 3rd Defendant and Appellant: William Gibbeson
Jurisdiction
England and Wales
Judgment Date
06 November 2020
Procedural Posture
Civil Appeal / Application for Permission to Appeal (pta) to the Court of Appeal From a High Court Order Refusing PTA and Certifying the Application as Totally Without Merit (twm)
Outcome
Application for permission to appeal dismissed for want of jurisdiction.
Legal Topics
Jurisdiction of Court of Appeal, Permission to Appeal, Totally Without Merit Certification, Civil Procedure Rules, Access to Justice Act 1999
Civil Procedure Appellate Practice Jurisdiction of Court of Appeal Permission to Appeal Totally Without Merit Certification Civil Procedure Rules Access to Justice Act 1999

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Parties

L. M. Associates Limited

Claimant and Respondent

William Gibbeson

3rd Defendant and Appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (pta) to the Court of Appeal From a High Court Order Refusing PTA and Certifying the Application as Totally Without Merit (twm)

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal against a High Court order refusing permission to appeal and precluding an oral renewal hearing under CPR 52.4(3) when the application is certified as totally without merit (TWM)

Ratio Decidendi

An order of the High Court refusing permission to appeal and precluding an oral renewal hearing under CPR 52.4(3) when the application is certified as totally without merit is not separately appealable to the Court of Appeal. Section 54(4) of the Access to Justice Act 1999 bars any such appeal, as the order is an integral part of the refusal of PTA and not a freestanding order.

Court Disposition

Application for permission to appeal dismissed for want of jurisdiction.

Orders

  • Application for permission to appeal is dismissed.
  • Permission is granted for this judgment to be cited pursuant to Practice Direction (Citation of Authorities) [2001] 1 WLR 1001 (CA).