A judgment was handed down by the Court of Appeal recently considering the criteria required when applying to seek permission to re-open an appeal or a permission to appeal application. A panel of two Lord Justices of Appeal refused, after an oral hearing, to re-open a permission to appeal application. The respondents did not appear but some had sent in short written representations objecting to the application to re-open the permission to appeal decision.
It is interesting to note that the Lord Justice of Appeal, who originally refused the permission to appeal application on paper, had recused himself for another Lord Justice to order at an oral hearing that the application to re-open be adjourned to a further oral hearing before a two-judge court.
Therefore, in total, four Court of Appeal judges considered the case.