Matthews v Secretary Of State for the Environment, Transport and the Regions & Anor

Where an application for permission to appeal remains procedurally defective because the appellant has not provided a skeleton argument, the Court of Appeal may allow a final period for the defect to be remedied. If the defect is not remedied within that period, the application may be dismissed with costs without further order.

The claimant sought permission to appeal, together with an extension of time, against an order made by Mr Justice Sullivan on 10 October 2001. The Administrative Court had dismissed his challenge to a Planning Inspector’s decision concerning the refusal of permission to retain an agricultural worker’s mobile home.

The appellant’s notice was filed on 6 November 2001, but the supporting bundle did not contain a skeleton argument. Two extensions were granted. After notice that the application would be listed for dismissal, the issue before the Court of Appeal was whether the procedural defect should be remedied within a further specified period or the application dismissed.

Disposition. The application for permission to appeal and for an extension of time was conditionally ordered to be dismissed with costs.

1. The appellant’s notice had been filed, but the supporting bundle lacked the required skeleton argument.
2. Two extensions of time had already been granted at the claimant’s request, in circumstances where the Civil Appeals Office was aware of difficulties concerning the Legal Services Commission.
3. The claimant’s solicitors were notified on 21 January 2002 that the application would be listed for dismissal if the skeleton argument was not provided. Nothing further had been received.
4. The Court ordered that, unless the defect was remedied by filing a skeleton argument within 14 days of the order being sealed, the application would be dismissed with costs without further order.

1. Queen’s Bench Division (Administrative Court): Mr Justice Sullivan dismissed the claimant’s application on 10 October 2001 to challenge an adverse planning decision by a Planning Inspector.
2. Court of Appeal (Civil Division): On 13 February 2002, the court made a conditional order that the application for permission to appeal and extension of time would be dismissed with costs unless the procedural defect was remedied within 14 days. The decision is reported at [2002] EWCA Civ 578.