Plymouth City Council v Hoskin [2002] EWCA Civ 684 (1 May 2002)

Plymouth City Council v Hoskin [2002] EWCA Civ 684 (1 May 2002)

The application for permission to appeal is refused because the circuit judge refused permission to appeal, which is not appealable under section 54(4) of the Access to Justice Act 1999; no compelling reason for a second appeal is established as effective remedies remain in the county court; and the judge's exercise of original jurisdiction in postponing possession does not give rise to an appeal to the Court of Appeal.

Citation
[2002] EWCA Civ 684
Parties
Respondent/claimant: Plymouth City Council; Applicant/defendant: Ivor Hoskin
Jurisdiction
England and Wales
Judgment Date
01 May 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal
Outcome
Application refused
Legal Topics
Possession Orders, Suspension of Possession Orders, Appeals Process, Jurisdiction of County Court, Homelessness Under Housing Act 1996
Housing Law Civil Procedure Possession Orders Suspension of Possession Orders Appeals Process Jurisdiction of County Court Homelessness Under Housing Act 1996

Case Brief

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Parties

Plymouth City Council

Respondent/claimant

Ivor Hoskin

Applicant/defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the circuit judge refused permission to appeal or dismissed the appeal after granting permission
  2. 2 Whether a second appeal to the Court of Appeal is permissible under section 54 of the Access to Justice Act 1999
  3. 3 Whether there is a compelling reason for a second appeal under CPR 52.13

Ratio Decidendi

The application for permission to appeal is refused because the circuit judge refused permission to appeal, which is not appealable under section 54(4) of the Access to Justice Act 1999; no compelling reason for a second appeal is established as effective remedies remain in the county court; and the judge's exercise of original jurisdiction in postponing possession does not give rise to an appeal to the Court of Appeal.

Court Disposition

Application refused

Orders

  • Section 11 order on the respondent's costs
  • Assessment of applicant's publicly funded costs