Stocznia Gdanska SA v Latvian Shipping Company & Ors

[2002] EWCA Civ 1089

Summary

The Court of Appeal may refuse permission to appeal to the House of Lords even where the proposed appeal raises interesting issues of law, if it considers the case inappropriate for leave. The existence of an interesting legal question does not, by itself, make a case suitable for permission.

Factual background

The appellants applied for permission to appeal to the House of Lords from a decision of Mr Justice Thomas in the Queen’s Bench Division, Commercial Court. The Court of Appeal considered detailed written submissions from both sides. It accepted that interesting issues of law arose, but had to decide whether this was an appropriate case in which to grant leave.

Held

  1. The Court considered the appellants’ written submissions seeking permission to appeal and the respondent’s submissions opposing permission.
  2. The Court accepted that interesting issues of law arose. It nevertheless concluded that this was not an appropriate case in which to grant leave to appeal to the House of Lords.
  3. The application for permission to appeal was refused. The order could be drawn up as at the date on which the judgment was formally handed down.

The court’s approach to earlier authorities

Available to signed-in members.

Appellate history

  1. Court of Appeal (Civil Division): application for permission to appeal to the House of Lords refused.
  2. Queen’s Bench Division, Commercial Court: the application arose from a decision of Mr Justice Thomas; its citation was not stated in the judgment.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealapplication refused
  2. This judgment [2002] EWCA Civ 1089 Court of Appeal (Civil Division)

Key cases cited

Available to signed-in members.

Cases citing this case

Available to signed-in members.