This was a case management hearing before a full Court of Appeal in the Commission of Inquiry litigation but raised important points of law and procedure. The Court of Appeal considered: (a) whether leave is required to appeal against a decision refusing leave to bring judicial review proceedings; (b) the principles applicable to protective costs orders and waiver of security and Court of Appeal fees; (c) if leave to bring judicial review proceedings is granted on appeal whether the Court of Appeal can determined the judicial review application.
Case outcome
The Court of Appeal’s judgment was delivered by Sir Christopher Clarke P and determined that: (a) an application for leave to bring judicial review proceedings was interlocutory within the meaning of the Civil Appeals Act 1911 and therefore leave was required to appeal a decision to refuse leave; (b) the Commission of Inquiry litigation was in the public interest and warranted PCOs and a waiver of security and Court of Appeal fees; (c) that if an appeal to grant to overturn a refusal of leave was successful the Court of Appeal had jurisdiction to determine the application for judicial review.