June 25th, 2024 by James Goudie KC

In JARVIS v METRO TAXIS ( (2024) EWHC 1452 (KB) it is held that where a Circuit Judge in the County Court has allowed an Appeal against a District Judge’s decision refusing a claim, and goes on to rehear and dismiss the claim, an Appeal against the Circuit Judge’s decision lies to the Court of Appeal, and not to any other Court. That is because it is a second Appeal.

Save in contempt cases, Appeals from a Circuit Judge sitting in the High Court ordinarily lie to the High Court. Permission to bring such an Appeal can be given where the Court considers that the Appeal would have a reasonable prospect of success, or there is some other compelling reason for the Appeal to be held.

On the other hand however Appeals from County Court decisions that are themselves made on appeal lie only to the Court of Appeal. Moreover, permission to bring them is subject to more exacting requirements. These are that the Appeal has a real prospect of success or would raise an important point of principle or practice, or there is some other compelling reason for the Court of Appeal to hear it. In other words, parties in civil cases who have already enjoyed access to one appeal should be granted a further right of appeal only exceptionally.

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