Burton, R (on the application of) v Secretary Of State For Home Department

[2002] EWCA Civ 1187

Summary

On a renewed application for permission to appeal, permission should be refused where reconsideration of the papers discloses no reason to alter an earlier refusal and the proposed case is unarguable.

Factual background

The applicant sought permission to appeal from Newman J’s decision in the Administrative Court on 5 March 2002. The judge had dismissed his application for permission to judicially review the Secretary of State’s refusal to grant remission against an 18-month sentence for false accounting. The applicant relied on commendable acts carried out in 1994 before release from an earlier sentence. The Court of Appeal considered the renewed application after refusing permission on the papers on 14 May 2002. The applicant was not represented.

Held

Lord Justice Laws reconsidered the application on the papers. He found no reason to change the view previously reached on 14 May 2002. The proposed appeal was unarguable.

The court therefore refused permission to appeal. The order was: Permission to appeal refused.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Civil Division): on renewed consideration, refused permission to appeal: [2002] EWCA Civ 1187 .
  • Administrative Court: Newman J dismissed the application for permission to judicially review the Secretary of State’s refusal to grant remission.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealpermission to appeal refused
  2. This judgment [2002] EWCA Civ 1187 Court of Appeal (Civil Division)

Key cases cited

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Cases citing this case

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