Mirela Plescan v Secretary of State for Work and Pensions
[2023] EWCA Civ 870
Garry Jarvis v Metro Taxis Limited
14 June 2024
[2024] EWHC 1452 (KB)
High Court
Mr. Jarvis lost his case twice. First at the District Judge level, and then again at the Circuit Judge level after a successful appeal. He tried to appeal to the High Court but was told that this was a second appeal, meaning he must appeal to the Court of Appeal instead. The High Court judge agreed that it was a second appeal because the Circuit Judge's second decision was made as part of his handling of the first appeal. Therefore, Mr. Jarvis's application to change this ruling was rejected.
Key Facts
- •Garry Jarvis appealed a County Court decision dismissing his claim against Metro Taxis Ltd for underpayment and other issues.
- •The appeal was initially heard by a Circuit Judge who, after allowing the appeal based on procedural irregularities at the District Judge level, reheard the case and dismissed Jarvis's claim.
- •Jarvis then appealed to the High Court, but Turner J ruled the High Court lacked jurisdiction.
- •Jarvis sought to set aside Turner J's order, arguing the appeal was a 'first appeal' and not a 'second appeal' which would lie only to the Court of Appeal.
Legal Principles
Appeals from a Circuit Judge to the High Court are generally permissible under Practice Direction 52A, para. 3.5, table 1, and the Access to Justice Act 1999 (Destination of Appeals) Order 2016.
Practice Direction 52A, para 3.5, table 1; Access to Justice Act 1999 (Destination of Appeals) Order 2016, art 5
Appeals from County Court decisions made on appeal (second appeals) lie only to the Court of Appeal and require a stricter test for permission under Section 55 of the Access to Justice Act 1999 and CPR 52.7(2).
Access to Justice Act 1999, s.55; CPR 52.7(2)
The policy behind restricting second appeals is to ration access to senior courts and control litigation costs and length.
None explicitly stated, but inferred
The 'second appeal' rule applies to cases where the first appeal was either dismissed or allowed and then reheard and the subsequent decision of the second court is appealed.
White Book (2024 Ed.), para 52.7.1
Relevant case law (JD (Congo) v Secretary of State for the Home Department) clarifies the application of the second appeal test in cases where a lower court decision is overturned and then reheard, resulting in dismissal.
JD (Congo) v Secretary of State for the Home Department [2012] EWCA Civ 327
Tribunal cases (MM (Unfairness) Sudan v Secretary of State for the Home Department, AEB v Secretary of State for the Home Department) highlight the preference for remitting cases to the lower tribunal upon finding procedural irregularities, rather than the higher tribunal remaking the decision and thus engaging a stricter test.
MM (Unfairness) Sudan v Secretary of State for the Home Department [2014] UKUT 105 (IAC); AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512
Outcomes
The application to set aside Turner J's order was dismissed.
The court concluded that the appeal was a second appeal, as the Circuit Judge's decision was made on the hearing of the appeal from the District Judge, meaning the appeal should go to the Court of Appeal and not the High Court.