Pervaiz v Chelsea Building Society

There is no appeal against a refusal of permission to appeal. The Court of Appeal therefore has no jurisdiction to entertain an application framed as an application to set aside an order refusing permission to appeal.

The applicant applied for permission to appeal and a stay of execution, presenting the application as one to set aside an order made by Mr Justice Rougier on 7 March 2001. That order had refused permission to appeal against orders made by Master Trench on 4 October 2000. The central issue was whether the Court of Appeal had jurisdiction to entertain the application.

1. Application refused. The application was, in substance, an attempt to challenge Mr Justice Rougier’s refusal of permission to appeal.
2. Lord Justice Latham held that there is no appeal against a refusal of permission to appeal. Accordingly, the Court of Appeal had no jurisdiction to deal with the application before it.

1. Court of Appeal (Civil Division): The application to set aside the order of Mr Justice Rougier dated 7 March 2001, together with the application for permission to appeal and a stay of execution, was refused for want of jurisdiction.
2. High Court: Mr Justice Rougier refused permission to appeal against orders made by Master Trench on 4 October 2000.
3. Master Trench: Orders were made on 4 October 2000.