Lally v Person(s) Unknown

On a second appeal, permission requires the applicant to show that an important point of principle or practice arises, or that there is another compelling reason for appellate consideration. Permission may be refused where the underlying claim is hopeless and discloses no reasonable ground. A lower court’s strike-out decision will not justify a further appeal where no arguable error or sufficient basis for intervention is shown.

Mr Lally sought rectification of the Land Register under the County Court Act 1984 and the Land Registration Act 1925, section 82(2), concerning properties formerly associated with him. District Judge Rowley struck out the application. His Honour Judge Rubery dismissed Mr Lally’s appeal on 20 August 2001. Mr Lally applied to the Court of Appeal for permission to bring a second appeal. The central issues were whether the proposed appeal raised an important point of principle or practice, or whether any compelling reason justified further consideration, and whether the underlying rectification application had a reasonable basis.

Ward LJ refused permission to appeal and dismissed the application.

1. As this was a proposed second appeal, Mr Lally had to persuade the Court of Appeal that an important point of principle or practice arose, or that there was another compelling reason for the matter to be taken further. He demonstrated neither requirement.
2. The underlying application sought rectification of the Land Register. District Judge Rowley had concluded that there was no reasonable ground for bringing the claim and had struck it out under Part 3.4 of the Civil Procedure Rules. His Honour Judge Rubery had likewise found no good reason for ordering rectification.
3. Ward LJ shared the views of both lower courts and considered the application hopeless. There was therefore no sufficient basis for granting permission for a second appeal.
4. The operative order was: application dismissed.

1. Court of Appeal (Civil Division): On 7 November 2001, Ward LJ refused permission for a second appeal and dismissed the application.
2. Stafford County Court: District Judge Rowley struck out the rectification application under Part 3.4 of the Civil Procedure Rules on 1 February 2001. His Honour Judge Rubery dismissed the appeal from that order on 20 August 2001.