E v The Governing Body of JFS & Anor

Permission to appeal should be granted where proposed grounds raise respectable and serious arguments giving a real prospect of success, or where another compelling reason justifies appellate consideration. General importance and the desirability of a definitive ruling may constitute such a compelling reason. Permission need not be confined to the strongest grounds, although the court may invite reconsideration of grounds with little wider importance.

The claimant sought permission to appeal from an earlier judicial review judgment concerning a faith school’s admissions policy and appeal-panel conduct. All claims had been dismissed except the claim under section 71 of the Race Relations Act 1976, on which declaratory relief was granted. Permission was sought on six unsuccessful grounds, including direct and indirect race discrimination, religious character, conversion criteria, jurisdictional misdirection and procedural unfairness.

The issue was whether the permission criteria were met and whether permission should be limited to selected grounds.

1. Permission to appeal was granted on all six grounds.

2. For the three major issues, respectable and serious arguments that the earlier decision was wrong satisfied the CPR 52.3(6)(a) requirement of a real prospect of success.

3. The general importance of the issues and the desirability of a definitive Court of Appeal ruling satisfied CPR 52.3(6)(b).

4. Although the remaining grounds appeared weak and of limited wider importance, permission was not restricted under CPR 52.3(7)(a). The claimant was invited to consider whether pursuing them would serve any useful purpose.

1. High Court (Administrative Court): the earlier judgment, R (E) v The Governing Body of JFS and ors [2008] EWHC 1535/1536 (Admin), dismissed all claims except the section 71 claim.

2. High Court (Administrative Court): permission to appeal was granted on all six grounds.