Langley & Ors v Coal Authority

Permission to appeal may be granted where the court has doubts about the appeal’s prospects but considers that there is a compelling reason for the point to be considered, such as its wider significance for numerous comparable cases. Case-management directions may accompany permission, including expedition where remedial works and substantial delay make early resolution important. A stay may be refused, and costs may be imposed as a condition of permission.

The Coal Authority sought permission to appeal from the decision of the President of the Lands Tribunal concerning remedial works following a land slip. Permission had been refused on the papers. The resulting order was dated 22 July 2002, although the decision had been communicated earlier. The Court of Appeal considered the prospects of success doubtful but recognised that the issue could affect a large number of similar cases. The application therefore concerned whether that wider significance supplied a compelling reason for an appeal to be considered, and what interim directions should follow.

1. Permission granted. Lady Justice Hale, giving the judgment of the court, stated that both members of the court had very real doubts as to whether the proposed appeal had a real prospect of success. The court nevertheless accepted that the issue had general significance because the subsidence, although possibly unique, might affect calculations in many other cases. That constituted a compelling reason for the point to be considered by the Court of Appeal.
2. The court took account of the existing order for remedial works, the delay since the land slip, and the fact that the works still required design and could not be ready before the following spring. Design work was to continue, and the appeal was to be expedited so that it would be heard before the end of February 2003.
3. Permission was granted on terms that the Coal Authority pay the respondents’ costs in any event. The application for a stay was refused, and the applicant was ordered to pay the costs of the application.

• Court of Appeal (Civil Division): Permission to appeal from the decision of the President of the Lands Tribunal was granted on terms. The appeal was expedited, the application for a stay was refused, and costs were ordered against the Coal Authority.