COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(LORD JUSTICE RICHARDS, MRS JUSTICE SWIFT)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE ELIAS
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LONDON QUADRANT HOUSING TRUST
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Mr Baker (instructed by Devonshires) appeared on behalf of the Respondent.
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Lord Justice Elias:
Lord Justice Toulson:
"It is ordered that, save for the declaration in paragraph 2 below, the claim is dismissed."
Then followed the declaration about the Trust's amenability to judicial review as a public authority within the meaning of the Human Rights Act 1998, section 6(3)(b). After the court had handed down its written judgment, the Trust sought a formal order in the form just described in order that it should be able to appeal against the declaratory part of the judgment, notwithstanding that the claim for judicial review had itself been dismissed. This was a highly unusual situation. As Elias LJ has observed, it would in those circumstances have been well within the permissible range of the court's powers on considering the application for permission to appeal to have made such permission conditional, at least on the Trust not seeking any order for costs against the respondent or the Legal Services Commission. The Trust might consider itself fortunate that it was not made subject to a condition requiring it to pay both sides' costs of the appeal, since the appeal was being brought in order to establish a point of law of general importance to registered social landlords. It is against that highly unusual background that we come to consider this unusual application. I am satisfied that justice requires it to be granted for the reasons given by Elias LJ.
Order: Application granted