Split-issue leave

R (Jones and others) v Ceredigion County Council CA TLR 16 September

Following the judgment of the High Court judge, the council had obtained a so-called ‘leapfrog’ certificate from the judge under s12(1) of the Administration of Justice Act 1969 allowing it to apply directly to the House of Lords for permission to appeal his decision on two issues. The judge also granted permission to appeal to the Court of Appeal if the House did not grant permission. The House granted permission on only one issue, subject to a condition that the council would pay the claimant’s costs. The council withdrew that appeal. The question arose whether if the House granted permission in respect of only one of the issues, could the council appeal to the Court of Appeal on the other issue? By a majority, the House held that the judge had granted contingent permission in relation to both issues and so the council had permission to pursue its appeal to the Court of Appeal on the remaining issue. In a dissenting judgment, Waller LJ said that the policy lying behind the leapfrog provisions was to cut out one layer of appeals. Any construction that left part of an appeal in the Court of Appeal and part in the House of Lords would not fulfill that purpose.