MA Holdings Ltd. v George Wimpey UK Ltd, R (of the Application of) & Anor

MA Holdings Ltd. v George Wimpey UK Ltd, R (of the Application of) & Anor

A person who was not a party to the proceedings below may be granted permission to appeal under CPR 52.1(3)(d) if they have a real interest in the outcome and the appeal has real prospects of success. The rules do not restrict 'appellant' to parties below, and it would be unjust to deny MA Holdings the opportunity to appeal in these circumstances.

Parties
Appellant: MA Holdings Limited; First Respondent/claimant: George Wimpey UK Ltd; Second Respondent/defendant: Tewkesbury Borough Council
Jurisdiction
England and Wales
Judgment Date
24 January 2008
Procedural Posture
Civil Appeal / Permission to Appeal From High Court to Court of Appeal
Outcome
Permission to appeal granted to MA Holdings Limited.
Legal Topics
Appeals by Non Parties, Interpretation of CPR 52.1(3)(d), Standing to Appeal, Section 287 Town and Country Planning Act 1990
Civil Procedure Appeals by Non Parties Interpretation of CPR 52.1(3)(d) Standing to Appeal Section 287 Town and Country Planning Act 1990

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

MA Holdings Limited

Appellant

George Wimpey UK Ltd

First Respondent/claimant

Tewkesbury Borough Council

Second Respondent/defendant

Procedural Posture

Civil Appeal / Permission to Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a non-party to proceedings below may appeal under CPR 52.1(3)(d)
  2. 2 Whether the court should exercise its discretion to grant permission to appeal to a non-party
  3. 3 Whether the appeal has real prospects of success

Ratio Decidendi

A person who was not a party to the proceedings below may be granted permission to appeal under CPR 52.1(3)(d) if they have a real interest in the outcome and the appeal has real prospects of success. The rules do not restrict 'appellant' to parties below, and it would be unjust to deny MA Holdings the opportunity to appeal in these circumstances.

Court Disposition

Permission to appeal granted to MA Holdings Limited.

Orders

  • MA Holdings Limited is granted permission to appeal.