Ford v Mulder [2001] EWCA Civ 1419 (24 August 2001)

Ford v Mulder [2001] EWCA Civ 1419 (24 August 2001)

The Court of Appeal has no jurisdiction to hear an appeal from a High Court Judge's refusal of permission to appeal from a County Court judge. There was no beneficial interest established by Mr Mulder, and there were no grounds to appeal the costs order.

Citation
[2001] EWCA Civ 1419
Parties
Claimant/respondent: Helen Dorothy Ford; Defendant/applicant: Gerrit Mulder
Jurisdiction
England and Wales
Judgment Date
24 August 2001
Procedural Posture
Civil Appeal / Application to Reinstate Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Possession Proceedings, Beneficial Interest, Jurisdiction of Appellate Courts, Costs Orders
Property Law Civil Procedure Possession Proceedings Beneficial Interest Jurisdiction of Appellate Courts Costs Orders

Case Brief

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Parties

Helen Dorothy Ford

Claimant/respondent

Gerrit Mulder

Defendant/applicant

Procedural Posture

Civil Appeal / Application to Reinstate Permission to Appeal

Legal Issues

  1. 1 Whether the defendant had a beneficial interest in the property
  2. 2 Whether the claim should have proceeded under the Family Law Act 1996 or under Order 24
  3. 3 Whether the Court of Appeal has jurisdiction to hear an appeal from a High Court refusal of permission to appeal

Ratio Decidendi

The Court of Appeal has no jurisdiction to hear an appeal from a High Court Judge's refusal of permission to appeal from a County Court judge. There was no beneficial interest established by Mr Mulder, and there were no grounds to appeal the costs order.

Court Disposition

Permission to appeal refused

Orders

  • Application to reinstate permission to appeal dismissed
  • Permission to appeal against costs order refused