A case on when to apply for permission to appeal

Permission to appeal a decision of a court of first instance can be sought from the court or from the Court of Appeal. If the application is to be made to the lower court, this case confirms that it should be made either at the time the judgment is handed down or at a some later date to which the hearing is then adjourned for that purpose (if the parties do not attend when the judgment is handed down, it is common practice to adjourn the hearing to allow an application to be made, even if there has been no indication about the possibility of an appeal).

In this case, the parties attended the hand down and there was no application for permission to appeal, nor any application to adjourn in order to make such an application. Accordingly, Warby J concluded that he no longer had any jurisdiction to grant permission to appeal. The application therefore had to be made to the Court of Appeal instead.