England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE LANDS TRIBUNAL

		Royal Courts of Justice Strand London WC2 Wednesday 31st July 2002

Wednesday 31st July 2002

1. LADY JUSTICE HALE: This is an application for permission to appeal against the decision of the President of the Lands Tribunal, the resulting order in which was only dated 22nd July 2002. Nevertheless, the decision was communicated much earlier than that.
2. Permission to appeal was refused on the papers by my Lord, Lord Justice Carnwath, and we, both of us, continued to entertain very real doubts as to whether an appeal has a real prospect of success for the reasons he gives, for the reasons given by the President, and indeed for the reasons that have been explored in the debate this morning.
3. Nevertheless, we do understand that even if the subsidence in this case was unique in character, the point has a more general significance, and there are a large number of such cases in which the calculations hitherto engaged in by the authority may be affected. We are therefore prepared to accept that there is a compelling reason for a point of this nature to be considered by this Court. It may not be entirely satisfactory for something which could affect so many other cases to rest at first instance at a Tribunal level. But I hope I have said enough to indicate the view of both members of the court as to the actual prospects of success for the authority.
4. That being the basis on which permission to appeal has been granted, we would make this plain. The current order is for remedial works to be done. We are concerned at the enormous delay there has already been in this case since the land slip occurred. We have been told that the works still require to be designed and could not in any event be ready to be done before the next spring. We therefore expect that the design work will continue in the meantime, and we will direct that the appeal be expedited so as to ensure that it is heard before the end of February 2003.
5. Furthermore, and perhaps most importantly, Mr Darling has accepted that, given the basis upon which he has made this application, and the basis upon which we have granted it, it would be appropriate for the authority, in any event, to be responsible for the respondents' costs. We will make that a term of the grant of permission accordingly.
6. So on those terms there will be permission to appeal.
ORDER: Permission to appeal granted on condition that the appellant pay the respondents' costs in any event; appeal to be expedited; time estimate of two days; application for stay refused; applicant to pay the costs of the application. (Order not part of the approved judgment)