Permission

Permission

In the context of civil litigation, "permission" refers to the requirement that a party obtain approval from the court to proceed with certain actions, such as filing an appeal. This requirement serves to filter out unmeritorious cases and manage the court's resources efficiently. The need for permission ensures that only appeals or other legal actions with a reasonable prospect of success or significant legal importance are allowed to proceed.

When Permission is Required

Permission is commonly required in the following situations:

• ★ Appeals: In most civil cases, a party wishing to appeal a decision must first seek permission to appeal. This applies to appeals from decisions of the County Court to the High Court, from the High Court to the Court of Appeal, and from the Court of Appeal to the Supreme Court. The permission requirement aims to ensure that only cases with real prospects of success or significant legal questions proceed to higher courts.
• ★ Interlocutory Orders: Permission is often needed to appeal interlocutory orders, which are temporary or procedural decisions made during the course of a case, as opposed to final judgments.
• ★ Judicial Review: In judicial review cases, permission is required to bring a claim challenging the legality of decisions made by public bodies. The permission stage acts as a preliminary filter to weed out cases that are not arguable or are without sufficient merit.

Criteria for Granting Permission

Courts consider specific criteria when deciding whether to grant permission:

• ★ Real Prospect of Success: The primary criterion is whether the proposed action has a real prospect of success. The court assesses whether there is a genuine possibility that the appeal or action could succeed, rather than being speculative or without merit.
• ★ Compelling Reason: Even if an action does not have a high likelihood of success, the court may grant permission if there is a compelling reason for the action to be heard. This could include cases that raise important legal issues or where there is a public interest in resolving the matter.
• ★ Procedural Fairness: The court considers whether procedural fairness necessitates granting permission. For instance, if a party did not have a fair opportunity to present their case in the lower court, this might warrant an appeal.

Procedure for Seeking Permission

Obtaining permission typically involves the following steps:

• ★ Application: The party seeking permission must file an application with the court, usually accompanied by a statement of the grounds for the appeal or review and supporting evidence.
• ★ Review by a Judge: The application is reviewed by a judge, who assesses whether the criteria for granting permission are met. This can be done on paper without a hearing, or with an oral hearing if necessary.
• ★ Decision: The judge issues a decision, either granting or refusing permission. If permission is refused, the applicant may, in some cases, seek permission from a higher court.

Conclusion

The requirement for permission serves as an important control mechanism in the legal system, ensuring that only cases with sufficient merit or significant legal importance proceed to further stages. It helps manage the resources of the court system and prevents unnecessary or unmeritorious actions from occupying judicial time. Understanding the criteria and process for obtaining permission is crucial for parties considering an appeal or other significant legal action.