During harassment proceedings in the High Court, the claimant made an application for specific disclosure. Two days after the application was heard, the judge gave an oral judgment dismissing the application. Although both parties were represented at that hearing, the claimant did not apply for permission to appeal or seek an adjournment in order to consider whether to make such an application. However, later that day, in a written application that was sent only to the judge, the claimant applied for permission to appeal. One hour later the judge purported to grant permission. Subsequently the judge informed the parties that, although he could not give a ruling on the matter, it seemed to him that his grant of permission was invalid as CPR r 52.3(2) and paragraph 4.1 of Practice Direction 52A meant that a judge had no jurisdiction to grant permission after the conclusion of the hearing at which the decision to be appealed against was given. Accordingly, the claimant applied to the Court of Appeal for permission to appeal.
On the application—
Held, application refused. A party who wished to appeal should first seek permission of the judge against whom the appeal was sought to be made. The application for permission to appeal should be made at the relevant handing down of the judgment. Where the losing party was not in a position to know whether an application for permission to appeal would be made, for example where a written draft of the judgment had not been circulated by the judge who instead gave a lengthy oral judgment at the hearing, the correct course was to ask the judge for an adjournment of that part of the hearing only so that, if necessary, a later application could be made for permission to appeal. In the circumstances, permission to appeal had not been validly granted. Considering the matter afresh, there was no basis on which it would be appropriate to grant permission to appeal (paras 5, 15, 17, 22, 39, 44, 65).
Hugh Tomlinson QC and Sara Mansoori (instructed by DLA Piper UK llp) for the claimant.
Andrew Caldecott QC and Christina Michalos (instructed by Reynolds Porter Chamberlain llp) for the defendant.