XX v Whittington Hospital NHS Trust

The Court of Appeal refused permission to appeal to the Supreme Court. The refusal was made even though the court had not followed an earlier Court of Appeal decision and recognised that the case raised a point of law of general public importance. The court noted the absence of submissions explaining why its decision was wrong and the potential consequences of further delay for the appellant.

The judgment followed the court’s judgments on the appeal and cross-appeal. The parties had agreed a draft order dealing with consequential matters, which the court made. The only remaining issue was the respondent’s application for permission to appeal to the Supreme Court.

1. The agreed draft order dealing with consequential matters arising from the judgments on the appeal and cross-appeal was made.

2. Having considered the parties’ written submissions, the court refused the respondent’s application for permission to appeal to the Supreme Court.

3. The court acknowledged that it had not followed an earlier decision of the Court of Appeal and that the case raised a point of law of general public importance. Nevertheless, it declined to grant permission before the Supreme Court had considered whether a further full appeal was necessary, particularly given the consequences of further delay for the appellant. The court also noted that the respondent had not advanced arguments explaining why the decision was wrong.

• High Court of Justice, Queen’s Bench Division: The proceedings were brought on appeal from the judgment of Sir Robert Nelson, case number HQ15C04535. No citation for that judgment is stated.
• Court of Appeal (Civil Division): The court handed down judgments on the appeal and cross-appeal, made the agreed consequential order, and refused the respondent’s application for permission to appeal to the Supreme Court.