- Orders under CPR 52.4(3)—no right of appeal (L M Associates Ltd v Gibbeson)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The Court of Appeal held that it does not have jurisdiction to hear an appeal against an order, made under CPR 52.4(3), that the person seeking permission to appeal may not request that the decision in the permission application be reconsidered at an oral hearing. A judge may make such an order where he has refused permission to appeal without an oral hearing and considers that the application is totally without merit. The Court of Appeal held that an order under CPR 52.4(3) is an integral part of the order refusing permission to appeal, and therefore section 54(4) of the Access to Justice Act 1999 (AJA 1999), (which bars any appeal from the grant or refusal of permission to appeal) bars any appeal against it to the Court of Appeal. Written by Kristina Lukacova, barrister at Monckton Chambers.
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