Ahmad v Barclays Bank Plc

Where a lower court has refused permission to appeal, Access to Justice Act 1999, section 54(4), prevents a further application for permission to a higher court. The Court of Appeal has no discretion to reopen the matter, even where the applicant alleges substantial injustice or believes that Parliament has made an error. The refusal of permission by the circuit judge is therefore final. A transfer application will also fail where no good reason is shown and the proposed judge is not alleged to be inappropriate.

The applicant commenced proceedings in the Croydon County Court. They were transferred to the Bromley County Court, where a district judge struck out the action against Barclays Bank Plc and refused permission to appeal.

The applicant sought permission from the circuit judge and applied for the matter to be transferred to another county court. His Honour Judge Ellis refused the transfer application and dismissed the application for permission to appeal. The applicant then sought permission to appeal to the Court of Appeal against both decisions.

1. Transfer application. The Court of Appeal refused permission to appeal against the refusal to transfer the matter. The applicant had identified no good reason for transferring the hearing. There was no suggestion that Judge Ellis was an inappropriate judge. Even if the hearing had been transferred, it might still have been heard by the same judge sitting elsewhere.
2. Further appeal on permission. Section 54(4) of the Access to Justice Act 1999 precluded any further application to a higher court where the lower court had refused permission to appeal. The provision was reiterated in the Practice Direction to Part 52, paragraph 4.8, and had been considered in Linaker v University of London [2001] 1 WLR 13 and Clarke (Inspector of Taxes) v Perks [2001] 1 WLR 17.
3. The circuit judge’s refusal of permission to appeal from the district judge was the end of the road. The Court of Appeal had no discretion to intervene, regardless of its view of the merits or any alleged injustice. The application for permission to appeal was therefore refused.

• Court of Appeal (Civil Division): refused permission to appeal against the county court’s refusal to transfer the proceedings and against the refusal of permission to appeal from the district judge.
• Bromley County Court: on 5 December 2001, HHJ Ellis refused the transfer application and dismissed the application for permission to appeal against the district judge’s strike-out order.
• Bromley County Court: on 9 April 2001, District Judge Brett struck out the action against Barclays Bank Plc and refused permission to appeal.