Wolman v Islington London Borough Council

Permission to appeal should be granted where the proposed appeal has real, rather than fanciful, prospects of success. The importance of the issue to the public bodies and individuals affected may reinforce that conclusion. The underlying statutory construction need not be finally determined at the permission stage. The meaning of “on” in section 15 of the Greater London Council (General Powers) Act, concerning a motorcycle parked with its wheels raised above the pavement, was therefore left for the substantive appeal.

The appellant challenged a preliminary declaration by HHJ Laurie in the Mayors & City of London County Court. The declaration stated that section 15(1) of the Greater London Council (General Powers) Act included parking with one or more wheels raised over the surface of an urban road. The appellant argued that an offence required a wheel to touch or be supported by the pavement. The issue before the Court of Appeal was whether the proposed appeal had a real prospect of success and raised an issue of sufficient importance.

1. Permission granted. Lord Justice Tuckey considered that the appellant’s 65-paragraph argument gave the proposed appeal real, rather than fanciful, prospects of success.
2. The central issue was the meaning of “on” in section 15 of the Greater London Council (General Powers) Act. The appellant submitted that a wheel had to be touching or supported by the pavement. He accepted that a wheel resting on wood placed on the pavement would be supported by, and therefore on, the pavement.
3. The court noted, without deciding, that a wheel indirectly supported by a motorcycle stand on the pavement might raise the same question. That issue was left for another day. The permission decision did not determine the merits of the statutory construction.
4. The issue was considered important to London boroughs and motorcyclists. The appeal was directed to be listed for three hours and heard by two Lords Justices.

• Court of Appeal (Civil Division): Permission to appeal granted in [2006] EWCA Civ 1060.
• Mayors & City of London County Court: HHJ Laurie determined a preliminary issue and declared that the statutory prohibition included parking with one or more wheels raised over the surface of an urban road.