London Borough Of Lewisham v Tolabi & Anor [2001] EWCA Civ 1631 (25 October 2001)

London Borough Of Lewisham v Tolabi & Anor [2001] EWCA Civ 1631 (25 October 2001)

Permission to appeal against the costs order is refused because the only way to challenge the costs order would be to go into the merits of the possession order, which Parliament has expressly forbidden under section 54(4) of the Access to Justice Act 1999.

Citation
[2001] EWCA Civ 1631
Parties
Claimant/respondent: London Borough of Lewisham; Defendant/applicant: Mr Christopher Tolabi; Defendant/applicant: Miss Dupe Tolabi
Jurisdiction
England and Wales
Judgment Date
25 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Permission to appeal refused
Legal Topics
Possession Proceedings, Appeals, Costs Orders, Permission to Appeal
Civil Procedure Landlord and Tenant Possession Proceedings Appeals Costs Orders Permission to Appeal

Case Brief

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Parties

London Borough of Lewisham

Claimant/respondent

Mr Christopher Tolabi

Defendant/applicant

Miss Dupe Tolabi

Defendant/applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether permission to appeal against a costs order should be granted when permission to appeal the substantive possession order has been refused
  2. 2 Whether there is a right of appeal to the Court of Appeal in possession proceedings under section 54(4) of the Access to Justice Act 1999

Ratio Decidendi

Permission to appeal against the costs order is refused because the only way to challenge the costs order would be to go into the merits of the possession order, which Parliament has expressly forbidden under section 54(4) of the Access to Justice Act 1999.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused