Massie v H [2011] EWCA Civ 115

The general rule is that an appeal shall lie from a decision of a county court to the High Court. One exception is for final decisions in Part 7 CPR multi-track cases, which go to the Court of Appeal. (1) This exception does not apply in nearest relative displacement cases under s29 MHA as the application is made under Part 8 CPR; no other exception applied. (2) The court declared that it lacked jurisdiction and that a previous consent order was therefore a nullity. (3) Because of the passage of time and costs involved, rather than abandon the matter or simply transfer it to the High Court, the case was transferred to the High Court for one of the Court of Appeal judges to consider it as a High Court judge there and then.

Legislation

Access to Justice Act 1999 (Destination of Appeals) Order 2000

Civil Procedure Rules 1998

Other

Before: Maurice Kay, Thomas, Etherton LJJ

Date: 25/1/11 (ex tempore)

Mr Matthew Stockwell (instructed by Messrs RNMJ Mental Health Solicitors) appeared on behalf of the Appellant (H, the displaced nearest relative)

The Respondent did not appear and was not represented

External link

Possible Bailii link (not there when last checked, but it might have appeared since 0700 this morning!)

Transcript