Practice

Civil proceedings in private law matters appeals arrangements taking effect from 2 May 2000Tanfern Ltd v Cameron-Macdonald and another: CA (Lord Woolf, MR, Peter Gibson and Brooke LJJ): 12 May 2000The claimants brought proceedings against the defendants claiming possession of commercial premises for rent arrears.

The case was assigned to the multi-track and heard by consent by a district judge in the county court.

In February 2000, the district judge held in favour of the defendants.

The claimants sought to lodge an appeal at the judge in the county court.

The county court directed that appeal lay to the Court of Appeal.

The Court of Appeal advised that it did not have jurisdiction.

The claimants sought directions from the Court of Appeal as to where the appeal should lie.Paul Emerson (instructed by Marks Miller & Co) for the claimants.

The defendants did not appear and were not represented.Held, that since the appeal had been lodged before 2 May 2000, appeal lay to the judge in the county court, but that from 2 May 2000 a number of major changes had been made to arrangements for appeals in civil courts relating to private law matters which could be found in the Access to Justice Act 1999, CPR pt.52 and its supplementary practice direction (together with CPR rr.27.12 -27.13 and section VIII of CPR Pt.

47), and the Access to Justice Act 1999 (Destination of Appeals) Order 2000 (SI 2000 No 1071); that the new rules and designated arrangements would apply in all cases in which an appeal notice had been filed or an application for permission to appeal had been made on or after 2 May 2000; but that if an application for permission to appeal had been made before 2 May and the appeal court had given permission to appeal (whether before or after 2 May), the appeal would be brought and continue its progress under the old rules.

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