How to appeal a Single Judge decision of the Court of Appeal to the Supreme Court?

[Ogo]

An acquaintance was unsuccessful at the permission to appeal stage at the court of appeal. She completed an Application Notice for disclosure of the prepared documents by the court staff which she alleged was the sole material used by the judge who refused her permission to appeal on the papers and requested an oral hearing before the full court of appeal of three judges including the Master of the Rolls to preside.

She said at the hearing only a single judge turned up and she started by seeking permission from the single judge for the hearing to be adjourned to a full court in view of the significant public interest in the case. She said the single judge refused on grounds that the request she made was settled in two court of appeal cases and can be properly resolved by a single judge.

She said she responded that the two cases the judge had in mind were decided before the full court so as to make it a binding precedent and that in view of the significance of the matter they were listed and presided by Lord Woolf who was the Masters of the Rolls in the first case and Lord Chief Justice when he determined the second case. She said that in those two cases the decisions were based on materials prepared by judicial assistants who were non-permanent internship court staff directly attached to the judges as against in her case materials prepared by court lawyers who were permanent employees of the Ministry of Justice and not directly attached to any judge.

She said that in addition the appellants in those settled decisions were made on the facts that any litigant would always be heard at an oral hearing before the full court whereas in her case she was prohibited to an oral hearing as the decision was determined solely on the papers and the refusal was a significant prejudice that ought to have been addressed in accordance with Lord Woolf. She said she then submitted that the hearing be adjourned to the full court in the interest of justice and proper determination of the matter as there has not been a settled decision relating to memoranda used on the papers which clearly had prejudiced her and therefore a breach of her right to a fair hearing.

She said the single judge refused her application for disclosure and stated that there is no distinction between determination made on the papers and that at an oral hearing with the guided assistance of bench memoranda.

My question is how can she appeal the decision of the single judge to the Supreme Court in this circumstance stated above?

[nemesis45]

Re: How to appeal a Single Judge decision of the Court of Appeal to the Supreme Court

Good morning,

The allocation and referral of cases in the " higher courts "are managed by " Masters in Chancery" legal officers of the courts.

An appeal to the Supreme Court against the judges decision which from what you say was decided on Case Law is a big step and possible very expensive!

Was your acquaintance represented at the hearings so far?
Personally I believe she needs to seek qualified advice from solicitor and counsel before attempting an application to appeal.

You do not say if the judge gave leave to appeal his/her decision.

nem

[Ogo]

Re: How to appeal a Single Judge decision of the Court of Appeal to the Supreme Court

Thank you for your contribution. She said she was not represented and she was not able to seek permission to appeal before the judge switched off the light on the judge's table which she thought to be the end of any recorded comments.

According to her the hearing cannot properly be constituted before a single judge court of appeal since the issue at stake (disclosure of documents prepared by court staff used to deny her permission to appeal to the court of appeal on the solely on the papers with no right of oral hearing) was never settled by the two case law of Parker v Law Society [1998] All ER (D) 690 and HM Attorney General v Covey [2001] EWCA Civ 254.