ZY v LP Plc

[2001] EWCA Civ 392

Case details

Case citations
[2001] EWCA Civ 392
Court
Court of Appeal (Civil Division)
Judgment date
15 March 2001
Judgment text

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Subjects
Civil procedure Appellate procedure Permission to appeal
Keywords
permission to appeal restored application reasoned judgment adoption of earlier reasons
Outcome
application refused (permission to appeal refused)
Judicial consideration

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Summary

On a restored application for permission to appeal, the court may refuse permission by adopting the reasons in an earlier reasoned dismissal of the same application. Where further discussion would not assist, the court need not repeat those reasons.

Factual background

The applicant sought permission to appeal against a judgment of Hunt J dated 15 November 2000. The application had previously been dismissed by Simon Brown LJ in a reasoned judgment on 31 January 2001. It was restored before Latham LJ, without representation or attendance. The central issue was whether permission to appeal should now be granted.

Held

The restored application for permission to appeal was refused.

  1. Latham LJ entirely agreed with the conclusion reached by Simon Brown LJ on 31 January 2001 that permission should be refused.
  2. Latham LJ adopted the same reasons. He considered that further discussion would not be profitable and therefore gave no additional analysis.
  3. No further order or costs direction is recorded in the judgment.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Civil Division): On 15 March 2001, Latham LJ refused the restored application for permission to appeal, adopting the reasons of Simon Brown LJ.
  • Court of Appeal (Civil Division): On 31 January 2001, Simon Brown LJ dismissed the application in a reasoned judgment.
  • Queen's Bench Division (Administrative Court): Hunt J gave judgment on 15 November 2000, against which permission to appeal was sought.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
application refused (permission to appeal refused)

Key cases cited

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Cases citing this case

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