R (on the application of Medical Justice) v Secretary of State for the Home Department [2011] EWCA Civ 269, [2011] All ER (D) 190 (Mar)
Court of Appeal, Civil Division, Lord Neuberger MR, Hooper and Rimer LJJ, 16 Mar 2011
A prospective appellant who wishes to challenge the terms on which the judge grants permission to appeal should be required to apply to the appeal court for permission rather than challenging the terms.
Emma Dixon (instructed by Public Law Project) for the claimant. Clive Lewis QC and Joanne Clement (instructed by the Treasury Solicitor) for the Secretary of State.
The claimant successfully brought proceedings for judicial review against the defendant (see [2010] All ER (D) 278 (Jul)). The defendant obtained permission to appeal against that decision, on terms that, whatever the outcome of the appeal: (i) the order for costs which the judge had made in respect of the proceedings remained undisturbed; and (ii) the defendant would pay the claimant’s costs of the appeal. The defendant appealed against, or sought an application, pursuant to CPR 52.9(1(c), to vary, the terms upon which permission to appeal
