Ryan & Ors v Rees

Factual and Procedural Background

The Plaintiff and certain co-appellants were convicted of several licensing offences in the Magistrates' Court on 22nd February 2000. They appealed their convictions to the Crown Court. Before the appeal was heard, a preliminary issue arose concerning whether the Plaintiff held a valid justices on-licence after 15th May 1998. This issue stemmed from the fact that although the Plaintiff's licence was revoked on 15th December 1997, it had been renewed on 9th February 1998, pending the appeal decision.

The preliminary issue was resolved by His Honour Judge Morton at the Swansea County Court on 20th December 2000, who held that under the Licensing Act 1964, the renewed licence was revoked as of 15th May 1998. This decision was appealed by way of case stated to the Divisional Court, which upheld Judge Morton's ruling.

The Plaintiff then applied for permission to appeal to this court against the Divisional Court's order dated 19th June 2001. Master Venne decided that this court lacked jurisdiction to hear the application, leading to reconsideration under Part 52.16(6) of the Civil Procedure Rules.

Legal Issues Presented

1. Whether this court has jurisdiction to entertain the Plaintiff's application for permission to appeal against the Divisional Court's decision on the preliminary licensing issue.
2. Whether the provisions of section 28 and 28A of the Supreme Court Act 1981, particularly subsection (4) of section 28A, preclude such an appeal.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court analyzed the jurisdictional provisions governing appeals in this matter. The Plaintiff's appeal to the Crown Court against conviction was as of right under section 108(1)(b) of the Magistrates Courts Act 1980. However, the appeal to the Divisional Court on the preliminary licensing issue was governed by sections 28 and 28A of the Supreme Court Act 1981. Subsection (4) of section 28A explicitly provides that a High Court decision under this section is final, except in limited circumstances not applicable here.

The court found this provision inescapable and determinative, concluding that it lacks jurisdiction to entertain the Plaintiff's application for permission to appeal. The court noted that the preliminary issue could not be separated from the criminal proceedings to circumvent this jurisdictional bar, even if it were characterized as a civil matter. Therefore, the application must be dismissed.

Holding and Implications

The court dismissed the Plaintiff's application for permission to appeal.

The direct effect of this decision is that the Divisional Court's order on the preliminary licensing issue remains final and binding. No new precedent was established, and the court reaffirmed the finality of High Court decisions under section 28A(4) of the Supreme Court Act 1981 in this context.