Ceredigion County Council v. Jones & Ors

The House considered the proper procedure on a leapfrog appeal under sections 12 and 13 of the Administration of Justice Act 1969 and the effect of a grant of leave to appeal by the House which is expressed subject to terms. The court held that the word "decision" in section 13(2) must be read as referring to an unconditional grant of leave or to a grant of leave subject to conditions which are accepted or not unequivocally rejected by the applicant. A prospective appellant who refuses proposed terms of leave to appeal to the House remains free to pursue the appeal in the Court of Appeal.

The practical consequence was that Ceredigion, having rejected the terms proposed by the appeal committee and withdrawn its petition to the House, was entitled to appeal to the Court of Appeal and the Court of Appeal therefore had jurisdiction to hear the appeal. The House dismissed Ceredigion's appeal and remitted the case to the Court of Appeal.

Background and parties: The claimants were children living in Ceredigion who attended a Welsh-speaking school in Pembrokeshire and used a Pembrokeshire school bus. Pembrokeshire ceased to provide the service free of charge unless Ceredigion paid; Ceredigion refused and offered local schools instead. A Ceredigion non-statutory panel upheld Ceredigion's decision not to pay; the children sought judicial review of that panel decision.

Procedural history: The claimants obtained leave to apply for judicial review and Hooper J directed issues. Collins J quashed the panel decision ([2004] EWHC 1376 (Admin)) and granted a certificate under section 12 of the Administration of Justice Act 1969 enabling an application for leave to appeal directly to the House under section 13. Ceredigion petitioned the House. The appeal committee refused leave on one issue and granted leave on the other issue subject to a costs term. Ceredigion resisted those terms, withdrew its petition and gave notice of appeal to the Court of Appeal ([2005] EWCA Civ 986). The Court of Appeal decided preliminary questions about jurisdiction and then gave judgment which led to this appeal to the House.

Issues framed: (i) construction of sections 509 and 444 of the Education Act 1996; (ii) construction of section 444(4)(b)(iii) of the 1996 Act; and (iii) the procedural question whether an appeal to the House on some points precluded an appeal to the Court of Appeal on other points.

Court's reasoning and decision: The House explained the purpose of sections 12 and 13—to remove an intermediate tier of appeal when appropriate—and stressed that where the House grants leave subject to proposed terms those terms are properly treated as proposals which the applicant may accept or reject. The Practice Directions permit an appeal committee to propose terms. If the applicant declines the proposed terms he remains free to pursue the Court of Appeal remedy. In the present case the committee's wording did not amount to an unconditional grant of leave and Ceredigion did not accept the proposed terms, withdrawing the petition; the House therefore lacked basis to hold that Ceredigion had irrevocably lost the right to appeal to the Court of Appeal. The House dismissed the appeal and remitted the case to the Court of Appeal.

Procedural note: written submissions on costs were invited.

Appeal dismissed. The House held that under section 13(2) of the Administration of Justice Act 1969 a "decision" by the House to grant leave must be understood as an unconditional grant or a grant subject to conditions which are accepted or not unequivocally rejected. Where leave is offered on terms which the applicant does not accept and the applicant withdraws the petition, the applicant remains entitled to pursue an appeal in the Court of Appeal. Accordingly the Court of Appeal had jurisdiction and the matter is remitted to that court.

High Court (judgment of Collins J) [2004] EWHC 1376 (Admin) — judge granted certificate under section 12; petition to House of Lords under section 13; appeal committee considered petition 24 November 2004 and granted/refused leave on terms; Ceredigion withdrew petition and appealed to the Court of Appeal [2005] EWCA Civ 986; appeal to House of Lords [2007] UKHL 24 (this judgment).