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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Michael Wilson & Partners Ltd v Emmott  EWCA Civ 1285 (11 December 2015)
Cite as:  WLR(D) 521,  4 All ER 484,  1 WLR 857,  EWCA Civ 1285,  1 Lloyd's Rep 577,  WLR 857
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Strand, London, WC2A 2LL
B e f o r e :
Vice-President of the Court of Appeal, Civil Division
LORD JUSTICE LONGMORE
| MICHAEL WILSON & PARTNERS LIMITED
|- and -
|JOHN FORSTER EMMOTT
Mr Philip Shepherd QC (instructed by Kerman & Co. LLP) for the Respondent
Hearing date: 26th November 2015
Crown Copyright ©
Lord Justice Moore-Bick :
"The applicants seek to invoke the residual jurisdiction of the court to set aside Burton J.'s refusal of permission to appeal, but there was no procedural unfairness or refusal by the judge to engage in the arguments and his reasons for refusal (namely that there was no question of law of general importance which warranted the attention of the Court of Appeal) appear from the transcript."
"At the request of a party, a hearing will be held to reconsider a decision of
(a) a single judge .
. . .
made without a hearing"
"whether, on an application to set aside the refusal of a judge of permission to appeal from his decision on an appeal under section 69 of the Arbitration Act 1996, the Court of Appeal has jurisdiction to refuse such application as totally without merit."
"(1) An appellant or respondent requires permission to appeal
(a) where the appeal is from a decision of a judge in the High Court
(4) Subject to paragraph (4A) and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at a hearing.
(4A) (a) Where a judge of the Court of Appeal refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing."
(i) that CPR 52.3 was made pursuant to section 54(1)(c) of the Access to Justice Act 1999 ("the 1999 Act"), which enacted that rules of court might provide that any right of appeal to the Court of Appeal could be exercised only with permission;
(ii) that section 54(5) extended the meaning of the expression "right of appeal" to an application to have a case stated for the opinion of the High Court, and section 54(6) to an application for a new trial or to set aside a verdict in any High Court cause or matter tried by jury;
(iii) that CPR 52.1(3)(a) adopts the extension of a right of appeal to a case stated set out in section 54(5) of the 1999 Act, but does not adopt the extension of a right of appeal to the instances mentioned in section 54(6) of the 1999 Act; and
(iv) that it is therefore to be inferred, not merely that rights to make applications to the Court of Appeal other than those mentioned in the 1999 Act do not constitute "rights of appeal", but that all applications to the Court of Appeal, other than applications to have a case stated, fall outside the scope of CPR 52.3, with the result that permission to appeal is not required.
(i) that MWP was effectively exercising a right of appeal;
(ii) that CPR 52.3 therefore applied; and
(iii) that there was jurisdiction to deal with the matter on the papers and, if the application was totally without merit, to refuse MWP an oral hearing of the application.Disposal
"16. Appeals from High Court
(1) Subject as otherwise provided by this or any other Act the Court of Appeal shall have jurisdiction to hear and determine appeals from any judgment or order of the High Court.
17. Application for new trial
(1) Where any cause or matter, or any issue in any cause or matter, has been tried in the High Court, any application for a new trial thereof, or to set aside a verdict or judgment therein, shall be heard and determined by the Court of Appeal except where rules of court made in pursuance of subsection (2) provide otherwise.
18. Restrictions of appeal to Court of Appeal
(1) No appeal shall lie to the Court of Appeal
. . .
(g) except as provided by Part 1 of the Arbitration Act 1996, from any decision of the High Court under that Part."