Handley and another v Luke Jackson Solicitors (a firm); Lopes v Croydon London Borough Council; Christie Owen & Davies Ltd v Awan and another – WLR Daily

Handley and another v Luke Jackson Solicitors (a firm); Lopes v Croydon London Borough Council; Christie Owen & Davies Ltd v Awan and another [2016] EWCA Civ 465

‘Where the County Court has made a decision on appeal from a district judge or deputy district judge the position as to an appeal from the County Court’s decision is as follows. (i) If the County Court has heard the appeal and ruled on the issues determined by the district judge (including the validity or otherwise of the claims, the relief to be granted and the costs of the hearing before the district judge) then, by virtue of article 5 of the Access to Justice Act 1999 (Destination of Appeals) Order 2000, any appeal will lie only to the Court of Appeal. Permission must be sought from the Court of Appeal, pursuant to CPR r 52.13, and the second appeal test, set out in section 55(1) of the Access to Justice Act 1999, will apply. (ii) In respect of the costs of the appeal to the County Court, any appeal will lie to the Court of Appeal, pursuant to article 5 of the 2000 Order, but the second appeal test will not apply. (iii) It would be open to the County Court judge to grant permission to appeal to the Court of Appeal in respect of the costs of the appeal to the County Court and the normal test for permission will apply. It would also be open to the Court of Appeal to grant permission applying the same test. (iv) If there has not been what can properly be regarded as a hearing of the appeal, any appeal (which is almost certainly to be one on costs) is to the High Court judge and the normal test will apply (paras 34, 41–42, 44–47, 51, 52, 54, 55).’

WLR Daily, 24th May 2016

Source: www.iclr.co.uk