Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales): no appeal lies from CPR 52.4(3) order refusing renewal; 'totally without merit' certification not appealable (L M Associates Ltd v Gibbeson)

Published on: 12 November 2020

Published by a LexisNexis Dispute Resolution expert

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Article summary

Associates Ltd v Gibbeson [2020] EWCA Civ 1460 What are the practical implications of this case?

This decision will interest appeal practitioners, notably those advising where permission to appeal has been refused on the papers, the application has been branded totally without merit, and an order has also been made preventing the applicant from seeking an oral reconsideration under CPR 52.4(3). It concerns scenarios where the court, on paper, concludes an application is wholly without merit and, simultaneously, bars any oral renewal of the permission application.

The Court of Appeal reaffirmed two settled points:

no appeal lies from a High Court decision to grant or refuse permission to appeal (AJA 1999, s 54(4)); and
the Court of Appeal has no jurisdiction to entertain an appeal from a high court judge’s certification that an application is totally without merit.

Such a certification is neither a judgment nor an order, and therefore does not fall within the jurisdictional scope given to the Court of Appeal by section 16(1) of the Senior Courts Act 1981. In addition, the Court of Appeal determined that an order made pursuant to CPR 52.4(3) forms an integral part of the order refusing permission to appeal,...

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