Horton v. Sadler & Anor

Permission to appeal to the House of Lords is a matter for the House itself. That includes deciding whether the proposed challenge should be brought and whether the particular case is an appropriate vehicle. Where an appellant invites dismissal of the appeal and the respondent does not oppose that course, the Court of Appeal may dismiss the appeal and refuse permission to appeal further.

The claimant appealed from a decision of Salford County Court before His Honour Judge Roger Cooke. He invited the Court of Appeal to dismiss his appeal because he intended, if permission were granted, to challenge the earlier House of Lords decision in Walkley v Precision, [1979] 1 WLR 606. The Motor Insurers' Bureau did not oppose dismissal.

The central issue was whether permission to appeal to the House of Lords should be granted by the Court of Appeal.

1. The claimant invited the court to dismiss his appeal. The invitation was made on the basis that he intended, if permission were granted, to challenge the House of Lords decision in Walkley v Precision, [1979] 1 WLR 606. The respondent did not oppose that course, and the court accordingly dismissed the appeal.
2. Permission to appeal to the House of Lords was refused. The question whether permission should be granted was a matter for the House of Lords. That included both the question whether the proposed challenge should be made and whether the present case was an appropriate case in which to make it.
3. Lord Justice Scott Baker agreed with Lord Justice Jonathan Parker. The application was dismissed with costs.

1. Court of Appeal (Civil Division): The claimant's appeal was dismissed at his invitation. Permission to appeal to the House of Lords was refused, with costs.
2. Salford County Court: Appeal brought from a decision of His Honour Judge Roger Cooke; the lower-court citation was not stated in the judgment.