Lewis v Grant & Ors

A litigant has no right to appeal against the refusal or grant of permission to appeal unless the rules of court confer such a right. Where an application challenges an order refusing permission to appeal from an earlier decision, there is no substantive decision before the Court of Appeal. If no rule confers jurisdiction, the applications must be dismissed. An adjournment may be refused where ill health does not establish inability to attend and the proposed applications have no merit.

Mrs Lewis made two applications for permission to appeal against orders of Andrew Smith J. Those orders refused permission to appeal from decisions of Master Trench. She sought an adjournment because of ill health and, alternatively, argued that the Court of Appeal had jurisdiction to hear the applications and grant permission to appeal. The central issues were whether the applications disclosed an appealable substantive decision and whether a right of appeal existed under Section 54.4 of the Access to Justice Act.

Lord Justice Latham heard submissions from Mr Readings on Mrs Lewis’s behalf, although the respondents were not represented.

1. Adjournment. The evidence established that Mrs Lewis suffered from ill health and was unable to work because of knee and back problems. It did not establish that she was unable to travel to court. In any event, the substantive applications had no merit. The adjournment was therefore refused.
2. Jurisdiction and right of appeal. Both applications sought permission to appeal against orders of Andrew Smith J. Those orders were themselves refusals of permission to appeal from decisions of Master Trench. Consequently, there was no substantive decision against which Mrs Lewis could appeal.
3. Statutory position. Section 54.4 of the Access to Justice Act provided that there was no right of appeal against the refusal or grant of permission to appeal unless such a right was given by rules of court. No applicable rule conferred that right on Mrs Lewis.
4. Disposition. The Court of Appeal therefore had no jurisdiction to entertain either application. Both applications were treated as dismissed, with the operative order that the applications be refused.

• Court of Appeal (Civil Division): Lord Justice Latham refused both applications and held that the court had no jurisdiction to entertain them.
• High Court, Queen’s Bench Division: Andrew Smith J refused permission to appeal from decisions of Master Trench.