Permission to Appeal to the House of Lords

R v Secretary of State for Trade and Industry ex parte Eastertaway (TLR 8 November H of L)

The House of Lords does not have jurisdiction to entertain an appeal against a refusal by the Court of Appeal to grant permission to appeal. The Court of Appeal only has jurisdiction to determine an appeal against a judge’s refusal to grant permission to apply for judicial review if permission to appeal against the refusal had been granted. Because the judge had not given permission to appeal, the Court of Appeal had by implication also refused permission to appeal.