Sabrina Khan v Mohammad Anwar

[2022] EWHC 2267 (SCCO)

Case details

Case citations
[2022] EWHC 2267 (SCCO)
Court
High Court (Senior Court Costs Office)
Judgment date
6 January 2022
Judgment text

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Subjects
Civil procedure Jurisdiction Tribunal appeals
Keywords
Senior Courts Costs Office First-tier Tribunal jurisdiction appeal strike out lack of jurisdiction
Outcome
application struck out
Judicial consideration

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Summary

The Senior Courts Costs Office has no jurisdiction to hear an appeal from a judge of the First-tier Tribunal. An application seeking such an appeal may therefore be struck out where the court lacks jurisdiction to entertain it.

Factual background

The claimant and defendant appeared in person. The claimant applied to the Senior Courts Costs Office in a matter concerning an attempted appeal from a First-tier Tribunal judge. The central issue was whether the Senior Courts Costs Office had jurisdiction to hear that appeal.

Held

  1. The application was struck out.
  2. The court had no jurisdiction to hear the matter. The Senior Courts Costs Office does not sit as an appellate court from a First-tier Tribunal judge.
  3. The claimant was given an indication of how an appeal might be pursued, but was told not to rely on the judge’s advice and to obtain appropriate legal guidance.

The court’s approach to earlier authorities

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Appellate history

The judgment states that the application concerned an attempted appeal from a First-tier Tribunal judge. No citation for the First-tier Tribunal decision or further procedural history is stated.

Key cases cited

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Cases citing this case

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