1 Jul 2009
The Supreme Court lacks jurisdiction under s379AB(1) to hear an appeal from a Court of Appeal decision refusing leave for a pre-trial appeal because such a refusal is not a "decision...on appeal", therefore the application for leave to appeal is dismissed.
10 May 2005
Section 379A, properly construed in the context of the Supreme Court Act amendments, provides one choice of appeal (either to the Court of Appeal or by leap-frog direct to the Supreme Court) and does not permit a second appeal to the Supreme Court from a Court of Appeal pre-trial determination; the Supreme Court therefore has no jurisdiction to grant leave for such a second appeal.