Appeal to House of Lords

R v Hammersmith and Fulham LBC, ex parte Burkett and another (H of L TLR 24 May)

It was submitted, relying on the decision of the House of Lords in In re Poh ([1983] 1 WLR 2) that the House did not have jurisdiction to hear an appeal from a decision by the Court of Appeal refusing permission to seek judicial review. The decision in Poh had proved troublesome and Lord Diplock’s extempore observation which appeared to deprive the House of jurisdiction was not correct. Nothing in statute law or in Lane v Esdaile ([1891] AC 210) provided any support for such a view. The House therefore has jurisdiction to grant leave to appeal against a refusal by the Court of Appeal of leave to apply for judicial review.