- Appealing a costs order made on appeal—which court? (Handley and Anor v Lake Jackson Solicitors and Ors)
- Practical implications
- What did the court decide?
- Section 55(1) of the Access to Justice Act 1999 and CPR 52.13
- Article 5 of the Access to Justice Act 1999 (Destination of Appeals Order) 2000
- Rubric Lois King v Lane
- Application to factual cases
- Court details
Dispute Resolution analysis: The Court of Appeal has considered the correct destination for an appeal in circumstances where there has been an appeal to the county court which has either been determined by a judgment of the court on its merits or withdrawn, the county court has made or declined to make an order for costs in respect of that appeal,and a party seeks to appeal the order for costs. Prior to this decision, the Civil Appeals Office had been acting on the basis that the correct destination for such appeals was the High Court. The Court of Appeal has now confirmed that the correct destination for such appeals is the Court of Appeal and that the ‘second appeals test’ in section 55(1) of the Access to Justice Act 1999 (AJA 1999) is not applicable. This decision is of importance to any practitioners seeking to challenge an order made as to the costs of an appeal.
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