Vincent v South East London Health Authority

Permission to appeal may be granted where the court is just persuaded that there is a sufficient prospect of success, even though the application is attended by serious procedural delay and other concerns. Granting permission does not indicate that the appeal will succeed. The court should also seek to ensure that the underlying matter is resolved as soon as possible.

The claimant sought reconsideration of a paper refusal of permission to appeal from a decision of Master Whittaker dated 14 July 2005. The Master had refused relief from the automatic striking out of the claim after the claimant paid the final instalment required by an unless order several days late. The underlying proceedings had involved substantial delay, pleading deficiencies and earlier procedural defaults. Following an oral hearing, the court considered whether there was a sufficient prospect of success to justify permission to appeal.

1. Permission granted. Having heard oral submissions and reviewed the procedural history, the court was just persuaded that there was a sufficient prospect of success in an appeal to justify granting permission.
2. The seriousness of the claim and its importance to the claimant were relevant context, but did not determine the merits of the proposed appeal. The court remained concerned by the claimant’s lamentable delays, whatever their cause, and by the history of non-compliance.
3. The court considered the claimant’s arguments that the Master had taken account of pleading defects when dealing with relief from sanction, and that the delay was shorter or less culpable because of the claimant’s impecuniosity and difficulties caused by the suspension of his former solicitors. The court also had regard to RC Residuals Ltd v Linton Fuel Oils Ltd, [2002] EWCA Civ 911; [2002] 1 WLR 2782.
4. Granting permission was expressly not an indication that the appeal should succeed. The matter was to be resolved as soon as possible.

• High Court (Queen’s Bench Division): On 6 February 2006, permission to appeal was refused without a hearing. On reconsideration after an oral hearing, permission to appeal was granted.
• Master Whittaker: On 14 July 2005, relief from the sanction of striking out was refused following late compliance with an unless order.