TAQ v AA

TAQ v AA

The Court of Appeal has no jurisdiction to entertain an appeal against a refusal of permission to appeal by a judge of the Court of Protection, as the statutory scheme and the rule in Lane v Esdaile preclude such appeals unless expressly provided. Section 53(1) of the Mental Capacity Act 2005 does not override this...

Source-derived case information.

Parties
Appellant: TA; 1st Respondent: AA (by his litigation friend, The Official Solicitor); 2nd Respondent: Knowsley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal From a Refusal of Permission to Appeal by a High Court Judge in the Court of Protection
Outcome
Application for permission to appeal dismissed for lack of jurisdiction
Legal Topics
Jurisdiction of Court of Appeal, Permission to Appeal, Deprivation of Liberty, Article 5(4) ECHR, Court of Protection Procedure
Mental Capacity Law Civil Procedure Jurisdiction of Court of Appeal Permission to Appeal Deprivation of Liberty Article 5(4) ECHR Court of Protection Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

TA

Appellant

AA (by his litigation friend, The Official Solicitor)

1st Respondent

Knowsley Metropolitan Borough Council

2nd Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal From a Refusal of Permission to Appeal by a High Court Judge in the Court of Protection

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal against a refusal of permission to appeal by a judge of the Court of Protection
  2. 2 Whether section 54(4) of the Access to Justice Act 1999 and the principle in Lane v Esdaile apply to appeals from the Court of Protection
  3. 3 Whether there was a breach of Article 5(4) ECHR in the handling of the section 21A MCA application

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an appeal against a refusal of permission to appeal by a judge of the Court of Protection, as the statutory scheme and the rule in Lane v Esdaile preclude such appeals unless expressly provided. Section 53(1) of the Mental Capacity Act 2005 does not override this limitation, and no procedural unfairness or breach of Article 5(4) ECHR was established to invoke any residual jurisdiction.

Court Disposition

Application for permission to appeal dismissed for lack of jurisdiction