Jones & Ors v Ceredigion County Council

Jones & Ors v Ceredigion County Council

By majority, the Court of Appeal held that it had no jurisdiction to hear the appeal where the House of Lords had granted leave to appeal on one issue under a leapfrog certificate, even if leave was refused on another issue. The statutory scheme precludes an appeal to the Court of Appeal from the decision of the...

Source-derived case information.

Parties
Respondents: Jones & Ors; Appellant: Ceredigion County Council
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Civil Appeal / Jurisdictional Challenge on Appeal From High Court (judicial Review) to Court of Appeal
Outcome
Appeal dismissed (majority); Court of Appeal has no jurisdiction.
Legal Topics
Leapfrog Appeals, Jurisdiction of Appellate Courts, Education Act 1996, Judicial Review, School Transport Obligations
Administrative Law Education Law Appellate Procedure Leapfrog Appeals Jurisdiction of Appellate Courts Education Act 1996 Judicial Review School Transport Obligations

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Summary, issues, holding and outcome

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Parties

Jones & Ors

Respondents

Ceredigion County Council

Appellant

Procedural Posture

Civil Appeal / Jurisdictional Challenge on Appeal From High Court (judicial Review) to Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal where the House of Lords has granted partial leave under a leapfrog certificate under the Administration of Justice Act 1969
  2. 2 Proper construction of 'decision' in s.13(2)(a) of the Administration of Justice Act 1969
  3. 3 Whether the appellant is entitled to rely on permission to appeal granted by the High Court judge

Ratio Decidendi

By majority, the Court of Appeal held that it had no jurisdiction to hear the appeal where the House of Lords had granted leave to appeal on one issue under a leapfrog certificate, even if leave was refused on another issue. The statutory scheme precludes an appeal to the Court of Appeal from the decision of the judge to which the certificate relates once leave is granted to the House of Lords, to avoid appeals proceeding at two levels on the same decision.

Court Disposition

Appeal dismissed (majority); Court of Appeal has no jurisdiction.

Orders

  • Appeal dismissed for want of jurisdiction.