Rapose v London Borough Of Wandsworth

This Court refused permission to appeal a consent order. An order made by consent is not open to appeal. Any attack on such an order must be by application to the court which made it to set it aside.

The applicant sought permission to appeal a consent order made on 7 October 1999 following underlying events in January 1989. The appeal was to the Court of Appeal from the Queen's Bench Division (His Honour Judge Previte QC). The defendant did not appear. The central question was whether a consent order can be the subject of an appeal and, if not, whether the delay and unexplained lapse justified any reopening of the matter.

1. Disposition: The application for permission to appeal was refused and the application was dismissed.

2. Consent orders: A consent order made by the court cannot be appealed. The correct procedure, if challenge is sought, is to apply to the court which made the order to set it aside.

3. Delay and discretionary reopening: The applicant had shown wholly unexplained delay in seeking to challenge the 1999 consent order. The underlying events dated from January 1989. Given that delay, the prospects of persuading a court to reopen the matter were remote.

4. Practical outcome: The court observed that further litigation would cause needless expense and wasted court time and would probably lead to disappointment for the applicant. Accordingly the application was refused.

1. Queen's Bench Division (High Court): Consent order made by His Honour Judge Previte QC on 7 October 1999 (originating decision to which this application related).
2. Court of Appeal (Civil Division): Application for permission to appeal refused by Lord Justice Latham on 16 July 2002; application dismissed.