Martin v Secretary of State for Work and Pensions

The Court of Appeal dismissed the appeal on the applicable-law issues. It refused permission to appeal to the Supreme Court on the proposed French-law issue because it did not consider that issue to raise a point of general public importance of the kind advanced. The substantive reasons were contained in draft judgments made available to counsel, but those reasons are not reproduced in the supplied judgment.

The appellant appealed to the Court of Appeal from the Upper Tribunal, before Commissioner Charles Turnbull. The appeal concerned applicable-law issues arising from an alleged trust relating to immovable property in France, and a renewed application for permission to appeal on a French-law point. The Court of Appeal dismissed the appeal on Grounds 1 and 2, refused permission to appeal on Ground 3, and made an order for costs.

1. Disposition. The appeal on the applicable-law points, identified as Grounds 1 and 2 of the revised grounds of appeal, was dismissed.
2. French-law issue. The renewed application for permission to appeal on Ground 3 was refused. The proposed issue concerned whether French law should govern a putative trust between parties domiciled in England concerning immovable property in France, where the parties had considered French succession law when making the relevant arrangements. The court did not regard the issue as raising a point of general public importance of the kind advanced.
3. Further appeal. The court declined permission to appeal to the Supreme Court on the applicable-law points. It stated that there was no right to appeal against refusal of permission to raise the French-law points, while noting that the Supreme Court itself could decide whether the case warranted a hearing.
4. Costs. The appellant was ordered to pay the respondent’s costs of the appeal, subject to detailed assessment and determination under section 11 of the Access to Justice Act 1999.

The judgment records that the substantive reasons were set out in draft judgments made available to counsel; those reasons are not included in the supplied text.

• Court of Appeal (Civil Division): Appeal from the Upper Tribunal (Commissioner Charles Turnbull) dismissed on the applicable-law points. Permission to appeal on the French-law point was refused, and permission to appeal to the Supreme Court was refused on the remaining points.