How many bites at the cherry?

In an article in the New Law Journal of 29 January Dr Roger Smithers considered the provisions in part 52 of the CPR concluding that there can be only one application for permission to appeal to any one appeal court in the same proceedings. If that is refused, that is the end of the line. If permission to appeal is obtained from the district judge, the appeal is heard before a circuit judge who, if it is dismissed, cannot then prevent a second tier appeal being taken to the Court of Appeal (r52.13) but if permission has been refused by the district judge or not sought from him, the way the circuit judge deals with the matter is crucial. If the circuit judge grants permission to appeal, hears the appeal and dismisses it on the merits, the route to the Court of Appeal is still open. However, if the circuit judge refuses permission to appeal on the merits that is the end of the matter. Accordingly, Dr Smithers advises it is important to ascertain which route the circuit judge has taken if he declares ‘Application Dismissed’.