Leave to Appeal in UK Law

Leading Cases
  • Barder v Caluori
    • House of Lords
    • 20 May 1987

    The first condition is that new events have occurred since the making of the order which invalidate the basis, or fundamental assumption, upon which the order was made, so that, if leave to appeal out of time were to be given, the appeal would be certain, or very likely, to succeed. The second condition is that the new events should have occurred within a relatively short time of the order having been made.

  • R v Secretary of State for the Home Department, ex parte Robinson
    • Court of Appeal (Civil Division)
    • 11 July 1997

    When we refer to an obvious point we mean a point which has a strong prospect of success if it is argued.

  • Pioneer Shipping Ltd v B.T.P. Tioxide Ltd (Nema)
    • House of Lords
    • 16 July 1981

    For reasons already sufficiently discussed, rather less strict criteria are in my view appropriate where questions of construction of contracts in standard terms are concerned.

  • R v Secretary of State for the Home Department, ex parte Jeyeanthan
    • Court of Appeal (Civil Division)
    • 21 May 1999

    In the majority of cases, whether the requirement is categorised as directory or mandatory, the tribunal before whom the defect is properly raised has the task of determining what are to be the consequences of failing to comply with the requirement in the context of all the facts and circumstances of the case in which the issue arises.

  • White v Brunton
    • Court of Appeal (Civil Division)
    • 12 March 1984

    The court is now clearly committed to the application approach as a general rule and Bozson's case can no longer be regarded as any authority for applying the order approach.

  • R v B Prosecution Application for Leave to Appeal Terminating Ruling
    • Court of Appeal (Criminal Division)
    • 01 May 2008

    Leave to appeal under section 67 of the 2003 Act will not be given by this court unless it is seriously arguable, not that the discretionary jurisdiction might have been exercised differently, but that it was unreasonable for it to have been exercised in the way that it was.

  • Sharma v Brown-Antoine and Others
    • Privy Council
    • 30 November 2006

    (4) The ordinary rule now is that the court will refuse leave to claim judicial review unless satisfied that there is an arguable ground for judicial review having a realistic prospect of success and not subject to a discretionary bar such as delay or an alternative remedy: R v Legal Aid Board, Ex p Hughes (1992) 5 Admin LR 623, 628; Fordham, Judicial Review Handbook, 4th ed (2004), p 426. But arguability cannot be judged without reference to the nature and gravity of the issue to be argued.

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Legislation
  • Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Leave to Appeal) 2017
    • UK Non-devolved
    • January 01, 2017
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... at a time when P was not in default on the collection order;(b) an appeal under paragraph 23 against a decision of a fines officer on an application ... court if the application were an application for permission (or leave) under section 13.(7) In this section except subsection (6) and in ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... 15: Appeals against decisions of youth courts ... (1) An appeal lies to the Crown Court against a decision of a youth court made under ... public place in the locality specified in the authorisation—(a) to leave the locality (or part of the locality) , and(b) not to return to the ... ...
  • Modern Slavery Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... day on which the order is made—(a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or application for leave to ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • sheet
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... If Arbitration appeal name of judge who gave leave to appeal:   Mr ... ...
  • Application for permission to appeal
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
    ... ... When you have completed this form and signed it, please send it with a copy of the decision you are applying for leave ... to appeal against and any other relevant documentation to: ... HM Courts & Tribunals Service ... Special Educational Needs and Disability ... ...
  • guidance
    • HM Courts & Tribunals Service court and tribunal forms
    Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.
    ... ... Who can appeal to the Upper Tribunal (Tax and Chancery Chamber)? – page 5 ... Appeals ... deals with applications for permission to appeal (leave to appeal for cases within ... Northern Ireland) and appeals against ... ...
  • Notice of intention to pursue an appeal (UTIAC)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.
    ... ... Rules 2008 ... You have applied for permission to appeal to the Upper Tribunal ... If you have been granted leave to enter/remain by the Home Office and want to pursue your application, ... you must complete this form and send it to the Upper Tribunal at the ... ...
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