PERMISSION TO APPEAL REFUSED IN EDWARDS COSTS CASE: THE TEST FOR A SECOND APPEAL WERE NOT SATISFIED
In May I reported on the decision in Edwards (& others) -v- Slater and Gordon UK Limited  EWHC 1091. There was an application for permission to appeal that judgment. Permission was refused. Full details can be found here
Slater and Gordon appealed to the High Court in relation to decisions made in the course of assessment proceedings. The costs judge had made an order for disclosure of documents and did not grant an order for security costs. The High Court judge refused the appeal. There was an application for permission to appeal to the Court of Appeal. That application for permission was refused.
THE TEST FOR A SECOND APPEAL: CPR 52.7
It is worth noting that the test for a second appeal is more rigorous than a first appeal. Permission to appeal is required from the Court of Appeal itself (the judge who decided the appeal cannot give permission). In addition to having a real prospect of success the Court of Appeal has to be persuaded that the appeal gives rise to an “important point of principle or practice” or “there is some other compelling reason” to grant permission.
“Permission to appeal test – second appeals
(1) Permission is required from the Court of Appeal for any appeal to that court from a decision of the County Court, the family court or the High Court which was itself made on appeal, or a decision of the Upper Tribunal which was made on appeal from a decision of the First-tier Tribunal on a point of law where the Upper Tribunal has refused permission to appeal to the Court of Appeal.
(2) The Court of Appeal will not give permission unless it considers that—
(a) the appeal would—
(i) have a real prospect of success; and
(ii) raise an important point of principle or practice; or
(b) there is some other compelling reason for the Court of Appeal to hear it.”
THE SUMMARY REFUSING PERMISSION TO APPEAL
Lord Justice Warby stated: