Eagles & Anor v Phillips & Anor

In a second-tier appeal, permission requires an important point of principle or practice, or another compelling reason, under section 55(1) of the Access to Justice Act 1999. A challenge to a lower court’s factual findings will not justify permission where the finding is supported by the documents and cannot properly be challenged. Once an unchallengeable finding establishes the relevant liability, the resulting judgment should stand.

The claimants sought one month’s unpaid rent following the determination of a tenancy. District Judge Thomas awarded them £410 plus court fees on 15 May 2000. The defendants’ appeal was dismissed by His Honour Judge McNaught on 28 July 2000. The defendants then sought permission to appeal to the Court of Appeal and permission to adduce fresh evidence. The central issues were when the defendants vacated the premises, whether the factual finding could be challenged, and whether the statutory second-tier permission threshold was satisfied.

Both applications were refused.

1. The matter was a second-tier appeal. Under section 55(1) of the Access to Justice Act 1999, permission required an important point of principle or practice, or some other compelling reason for the Court of Appeal to hear the appeal. The stringent statutory requirements were not satisfied.
2. The critical issue was when the defendants vacated the premises. The documents, particularly the document at page 54 of the bundle, showed that they did not vacate until about 20 September 1998. The District Judge was entitled to make that finding, and it could not be challenged in the proposed appeal.
3. Once that factual finding stood, the consequence was inevitable: one month’s rent remained outstanding and the judgment for £410, together with court fees, had to stand.
4. It was implicit that the proposed fresh evidence had been considered. Permission to adduce it was refused.

Orders: permission to adduce fresh evidence refused; permission to appeal refused.

• Court of Appeal (Civil Division): Permission to appeal and permission to adduce fresh evidence refused, [2001] EWCA Civ 289.
• Swindon County Court: His Honour Judge McNaught dismissed the defendants’ appeal on 28 July 2000.
• Swindon County Court: District Judge Thomas awarded the claimants £410 plus court fees for one month’s outstanding rent on 15 May 2000.