CA-2023-000750 - Panigrahi v Prime Minister of UK
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from: Civil Appeals - Registry <civilappeals.registry@justice.gov.uk>
to: "shanpanigrahi3000@gmail.com" <shanpanigrahi3000@gmail.com>
date: 9 Oct 2023, 10:44
subject: CA-2023-000750 - Panigrahi v Prime Minister of UK
mailed-by: justice.gov.uk
Signed by: justice.gov.uk
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Dear Sir/Madam,
“Further to your correspondence regarding your dispute of the jurisdiction directions given in this matter, it was referred to Lady Justice Andrews for a review of the jurisdiction directions given by the Jurisdiction Lawyer.
Lady Justice Andrews directed as follows, following referral by the Jurisdiction Lawyer:
“As far as I can see the District Judge made an order which Dr Panigrahi then sought permission to appeal to the Circuit Judge (the correct route). HH Judge Lethem refused permission on the papers and because there is a right to seek reconsideration at an oral hearing, Dr Panigrahi then made a further application which was refused by HH Judge Parfitt. I agree with your decision that the Court of Appeal has no jurisdiction in this case.
You are right that the Court of Appeal cannot entertain an appeal against the District Judge's original order; an appeal lies only to a Circuit Judge sitting in the County Court pursuant to Article 5(3) of the Access to Justice Act 1999 (Destination of Appeals) Order 2016. Dr Panigrahi rightly sought permission from the Circuit Judge.
You are also right that no court (including the Court of Appeal) has jurisdiction to entertain an appeal against the refusal of permission to appeal - the refusal of permission is the end of road. Section 54(4) of the Access to Justice Act makes that clear.
The proviso to s.54(4) preserves the rules of court which allow an oral renewal of an application for permission to appeal to a judge of the same level as the judge who refused on paper. That right was abolished in the Court of Appeal but not in the lower courts. In essence the telephone hearing before Judge Parfitt was an oral hearing of the same application for permission to appeal as was refused by Judge Lethem (it is termed a reconsideration, see CPR 52.4(2)).
There simply is no right of appeal against paragraphs 1 and 2 of HH Judge Parfitt’s order because it is a refusal of permission to appeal and that means the end of the road for the would-be appellant.
However, paragraphs 3 and 4 of HH Judge Parfitt’s order are not within the prohibition in section 54(4) of the Access to Justice Act because, although they are ancillary to the refusal of permission to appeal, they are discrete orders and therefore can be appealed with permission. That position, in relation to a costs order and refusal of an adjournment, was confirmed by this Court in Riniker v University College London (Practice Direction) [2001]1 WLR 13. Any such appeal would lie, with the permission of Judge Parfitt or a judge of the designated appeal court, in this case, the High Court, to a High Court Judge and not to the Court of Appeal.
There is no power to re-open the refusal of permission either: see Gregory v Turner [2003] EWCA Civ 183 where this court decided that even if the circuit judge was wrong to refuse permission to appeal against the decision of the district judge the disappointed party had no means of redress.
Accordingly, my view is that the Court of Appeal has no jurisdiction to entertain an appeal against Judge Parfitt's order.”
Many thanks.
Tahsin Khan (She/Her)
Court of Appeal| Civil Appeals Office| HMCTS | Royal Courts of Justice| London| WC2A 2LL
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