Johnson v Wimpey Homes (Holdings) Ltd

On a second appeal, permission may be granted only where the proposed appeal raises an important point of principle or practice, or there is some other compelling reason. The court has no discretion to permit the appeal unless that demanding statutory threshold is met. A proposed appeal that does not satisfy the threshold should be refused.

The applicant sought permission to bring a second appeal and an extension of time against an order made by His Honour Judge Paynter Reece in the Romford County Court on 16 October 2000. The circuit judge had dismissed the applicant’s appeal from a district judge’s dismissal of his small-claims action against a housebuilder.

The claim arose from the erection of a for-sale board at the applicant’s existing property under a proposed part-exchange arrangement. The applicant alleged, among other matters, trespass and breach of contract. The central issue was whether the proposed second appeal met the statutory permission threshold.

1. Application dismissed. The court refused permission to appeal and the associated extension of time.
2. The proposed appeal was a second-tier appeal. Under section 55 of the Access to Justice Act 1999, such an appeal could proceed only if it raised an important point of principle or practice, or if there was some other compelling reason.
3. The statutory test was demanding. The court had no discretion to permit a second appeal unless that test was satisfied. The proposed appeal did not meet it. The judge also doubted whether it met the lower threshold of having a reasonable prospect of success.
4. The underlying proceedings concerned a proposed purchase and part-exchange arrangement. The applicant challenged the erection of a for-sale notice and advanced several causes of action. The lower courts dismissed the claim, and the circuit judge dismissed the first appeal.

• Romford County Court, District Judge Jackson: dismissed the applicant’s claim on 16 August 2000.
• Romford County Court, His Honour Judge Paynter Reece: dismissed the appeal on 16 October 2000.
• Court of Appeal (Civil Division): dismissed the application for permission to bring a second appeal and for an extension of time.