Kirby & Ors v Baker & Metson Ltd

Kirby & Ors v Baker & Metson Ltd

The High Court has no jurisdiction to grant permission to appeal after judgment has been handed down and the hearing has not been adjourned for that purpose. CPR 52.3(2)(a) applies and is not disapplied by section 69(8) of the Arbitration Act 1996. There is no discretion to extend time for seeking permission to...

Source-derived case information.

Parties
Claimant: John Sydney Kirby & Others; Defendant: Baker & Metson Limited
Jurisdiction
England and Wales
Judgment Date
27 November 2020
Procedural Posture
Appeal Under Section 69 of the Arbitration Act 1996 / Application for Permission to Appeal Out of Time After Judgment
Outcome
Application for permission to appeal refused for lack of jurisdiction; permission to appeal this decision also refused.
Legal Topics
Permission to Appeal, Timing of Applications, Finality of Judgments
Civil Procedure Arbitration Permission to Appeal Timing of Applications Finality of Judgments

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Sydney Kirby & Others

Claimant

Baker & Metson Limited

Defendant

Procedural Posture

Appeal Under Section 69 of the Arbitration Act 1996 / Application for Permission to Appeal Out of Time After Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant permission to appeal after judgment has been handed down and without adjournment under section 69(8) of the Arbitration Act 1996
  2. 2 Whether CPR 52.3(2)(a) applies to appeals under section 69(8)
  3. 3 Whether the court has discretion to extend time for seeking permission to appeal

Ratio Decidendi

The High Court has no jurisdiction to grant permission to appeal after judgment has been handed down and the hearing has not been adjourned for that purpose. CPR 52.3(2)(a) applies and is not disapplied by section 69(8) of the Arbitration Act 1996. There is no discretion to extend time for seeking permission to appeal in these circumstances.

Court Disposition

Application for permission to appeal refused for lack of jurisdiction; permission to appeal this decision also refused.

Orders

  • Permission to appeal out of time is refused.
  • Permission to appeal this decision is refused.