![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
England and Wales Court of Appeal (Civil Division) Decisions |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Persimmon Homes & Ors v Secretary of State for Transport [2010] EWCA Civ 474 (30 March 2010) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2010/474.html Cite as: [2010] EWCA Civ 474, [2010] RVR 122 |
[New search] [View without highlighting] [Printable RTF version] [Help]
ON APPEAL FROM UPPER TRIBUNAL (LANDS CHAMBER )
Strand, London, WC2A 2LL |
||
B e f o r e :
and
LORD JUSTICE SULLIVAN
____________________
PERSIMMON HOMES AND OTHERS |
Appellant |
|
- and - |
||
SECRETARY OF STATE FOR TRANSPORT |
Respondent |
____________________
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court )
The Respondent did not appear and was not represented.
____________________
Crown Copyright ©
Lord Justice Sullivan:
"The tribunal's interim decision has not yet taken effect. Paragraph 134 of the decision makes it clear that the decision is not complete in relation to the matters to which it refers."
"a) whether the Tribunal's "Interim Decision", dated 22 December 2009 is a decision against which there is a right of appeal to the Court of Appeal under section 13(1) of the Tribunals, Courts and Enforcement act 2007; (b) if the answer to question a) is 'yes', whether permission to appeal should be refused as a matter of discretion on the ground that any appeal would be premature and should await the Tribunal's completed decision; and (c) if the answer to question (b) is 'no', whether applying second appeal criteria permission to appeal should be granted on any or all of the Appellant's grounds."
see section 13(1).
Lord Justice Jacob:
Order: Application refused