Ryan & Ors v Rees

A decision of the High Court made under the statutory case-stated appeal provisions is final under section 28A(4) of the Supreme Court Act 1981, subject to the statutory exception for an appeal to the House of Lords in a criminal case. A preliminary issue arising within criminal proceedings cannot be separated and recast as a civil matter to create a further right of appeal. The Court of Appeal therefore lacks jurisdiction to entertain an application for permission to appeal against such a decision.

The appellants were convicted of licensing offences in the Magistrates’ Court and appealed to the Crown Court. A preliminary issue arose concerning whether a renewed justices’ on-licence remained in force after the dismissal of an earlier appeal against revocation. His Honour Judge Morton decided that the renewed licence had been revoked, and the Divisional Court, on a case stated, upheld that conclusion on 19 June 2001.

The first appellant applied for permission to appeal to the Court of Appeal. Master Venne ruled that the court lacked jurisdiction. The application was referred to Lord Justice Laws for reconsideration. The central issue was whether the preliminary issue could be treated as a separate civil matter for appeal purposes.

Application dismissed for want of jurisdiction.

1. The appellants’ appeal against conviction to the Crown Court was available as of right under section 108(1)(b) of the Magistrates Courts Act 1980. The separate challenge to Judge Morton’s decision proceeded by case stated to the Divisional Court under sections 28 and 28A of the Supreme Court Act 1981.
2. Section 28A(4) provides that, except for the statutory right of appeal to the House of Lords in a criminal case under the Administration of Justice Act 1960, a decision of the High Court under that section is final. The Divisional Court’s decision fell within that provision, so the Court of Appeal had no jurisdiction to entertain an application for permission to appeal.
3. The preliminary issue was part of the criminal proceedings and could not be hived off and treated as a separate civil matter. Even if it could be characterised as civil in substance, the statutory route by which it reached the Divisional Court meant that section 28A(4) still applied.
4. Master Venne was therefore correct. The application was dismissed, and the order was expressed to be made for want of jurisdiction.

1. Court of Appeal (Civil Division) — [2002] EWCA Civ 1151: reconsidered the refusal of permission and dismissed the application for want of jurisdiction.
2. Divisional Court — on 19 June 2001, upheld Judge Morton’s construction of the Licensing Act 1964 on the status of the renewed licence.
3. Crown Court — determined the preliminary issue on a case stated from Judge Morton’s decision.
4. Magistrates’ Court — convicted the appellants of licensing offences on 22 February 2000.