Murphy v Secretary of State for Communities & Local Government & Anor

[2013] EWCA Civ 51

Case details

Case citations
[2013] EWCA Civ 51
Court
Court of Appeal (Civil Division)
Judgment date
21 January 2013
Judgment text

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Subjects
Civil procedure Permission to appeal
Keywords
permission to appeal application granted Court of Appeal Administrative Court
Outcome
application granted
Judicial consideration

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Summary

The Court of Appeal granted permission to appeal, notwithstanding reservations expressed by Lord Justice Patten. The supplied judgment contains no determination of the substantive appeal or statement of the issues to be argued.

Factual background

Murphy applied for permission to appeal from a decision of the High Court of Justice, Queen’s Bench Division, Administrative Court, before Mr Justice Foskett. The respondents were the Secretary of State for Communities & Local Government and another respondent. The supplied judgment records only the grant of permission and does not state the substantive grounds or central legal issue.

Held

Lord Justice Patten granted permission to appeal, expressly recording that he did so with some reservations. The formal order was: Application granted. The supplied text contains no substantive reasoning, determination of the merits, costs order or further directions.

The court’s approach to earlier authorities

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Appellate history

  • High Court of Justice, Queen’s Bench Division, Administrative Court: decision under appeal by Mr Justice Foskett; no citation or substantive details are stated in the supplied judgment.
  • Court of Appeal (Civil Division): permission to appeal granted in [2013] EWCA Civ 51.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
application granted

Key cases cited

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Cases citing this case

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