England and Wales Case Law

Amin Dharmeshkumar v Secretary of State for Housing, Communities and Local Government & Anor

The correct test for permission to appeal to the Court of Appeal under s.289(6) of the Town and Country Planning Act 1990 is the first appeals test in CPR 52.6, not the second appeals test in CPR 52.7, because s.55 of the Access to Justice Act 1999 does not impliedly repeal the specific provision in s.289(6) and Parliament has not expressly required the second appeals test for this category of appeal.

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• Appeals
• Permission to appeal
• Statutory interpretation
• Planning enforcement

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Shane Matin v The Commissioners for HMRC

The Upper Tribunal refused reconsideration of permission to appeal in a tax dispute, holding there was no arguable error in the FTT’s treatment of an HMRC barring application.

• Permission to appeal
• Barring order
• Procedural fairness
• Equality of arms
• Adequacy of reasons
• Evaluation of evidence

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Durnont Enterprises v Fazita Investment Limited & Ors

The High Court refused permission to appeal and made consequential costs orders in a derivative claim, ordering indemnity costs, a stayed interim payment, and partial release of security.

• Derivative actions
• Jurisdiction challenge
• Costs (indemnity/standard)
• Security for costs
• Permission to appeal
• Derivative-actions

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Durnont Enterprises v Fazita Investment Ltd & Ors

Durnont Enterprises v Fazita Investment Ltd & Ors [2026] EWHC 1224 (Ch) (18 May 2026)

Consequentials hearing in a derivative claim: indemnity costs, joint and several liability, interim payment, security for costs, and permission to appeal.

• Derivative claims
• Jurisdiction challenge
• Costs (indemnity/standard)
• Security for costs
• Permission to appeal
• Full and frank disclosure

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Bargain Busting Ltd v Shenzhen SKE Technology Company Ltd & Ors (Re Consequential Matters)

Bargain Busting Ltd v Shenzhen SKE Technology Company Ltd & Ors (Re Consequential Matters) [2026] EWHC 1146 (Ch) (13 May 2026)

The High Court ordered indemnity costs, detailed assessment, and £215,000 on account after finding the contempt claim was pursued out of the norm.

• Costs (indemnity and standard basis)
• Abuse of process
• Criminal contempt
• Professional conduct (sra code)
• Permission to appeal
• Indemnity-costs

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Bargain Busting Limited v Shenzhen SKE Technology Company Limited & Ors

The High Court ordered the claimant in contempt proceedings to pay indemnity costs, ordered £215,000 on account, and refused permission to appeal.

• Costs
• Indemnity costs
• Abuse of process
• Contempt of court
• Permission to appeal
• Indemnity-costs

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Crest Nicholson Regeneration Ltd & Ors v Ardmore Construction Ltd & Ors

Crest Nicholson Regeneration Ltd & Ors v Ardmore Construction Ltd & Ors [2026] EWHC 1069 (TCC) (08 May 2026)

The High Court refused permission to appeal and declined a stay or extra time to pay after making building liability orders. Crest also received interest and full costs.

• Building liability orders
• Building safety act 2022
• Defective premises act 1972
• Stay of execution
• Interest on judgment
• Costs

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L v P

L v P [2026] EWHC 1209 (Fam) (07 May 2026)

The High Court refused to set aside a 3-year Civil Restraint Order against a father after repeated meritless applications in child-contact litigation.

• Civil restraint orders
• Section 91(14) orders
• Permission to appeal
• Child contact
• Civil-restraint-orders
• Section-91-14-orders

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L v P

The High Court refused to set aside a civil restraint order against a father after repeated meritless family applications, finding no evidence of changed behaviour.

• Civil restraint orders
• Section 91(14) orders
• Permission to appeal
• Civil-restraint-orders
• Section-91-14-orders
• Permission-to-appeal

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Furlong Services Limited v The Commissioners for HMRC

The Upper Tribunal refused an extension of time to seek permission to appeal, citing a serious delay, poor procedural reasons, and prejudice to HMRC and the administration of justice.

• Extension of time
• Permission to appeal
• Information notice
• Finality of tribunal decisions
• Extension-of-time
• Permission-to-appeal

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