Ryan & Ors v Rees

Factual and Procedural Background

The Plaintiff, along with certain co-appellants, was convicted of multiple licensing offences in the Magistrates' Court on 22nd February 2000. The Plaintiff exercised the right to appeal the conviction to the Crown Court. Before the appeal hearing, a preliminary issue arose concerning whether the Plaintiff held a particular justices on-licence after 15th May 1998. This issue stemmed from a prior decision by His Honour Judge Evans at the Swansea Crown Court, who dismissed the Plaintiff's appeal against the revocation of his licence on 15th December 1997. In the interim period before this dismissal, the licence was renewed on 9th February 1998, which caused confusion about the licence's status.

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by His Honour Judge Morton at the Swansea County Court on 20th December 2000, who ruled that the renewed licence had been revoked on 15th May 1998 under the Licensing Act 1964.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

The Plaintiff then sought permission to appeal the Divisional Court's order, but a jurisdictional question arose concerning the court's authority to entertain this application, leading to the present 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 order made on 19th June 2001.
2. Whether section 28A(4) of the Supreme Court Act 1981 precludes an appeal from the High Court decision in the context of an appeal by way of case stated concerning licensing offences.

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 analysed the statutory framework governing appeals in this context. The Plaintiff's initial appeal to the Crown Court against conviction was a statutory right under section 108(1)(b) of the Magistrates Courts Act 1980. However, the appeal by way of case stated to the Divisional Court on the preliminary licensing issue was governed by sections 28 and 28A of the Supreme Court Act 1981. Specifically, subsection (4) of section 28A stipulates that, except as provided by the Administration of Justice Act 1960, a decision of the High Court under this provision is final.

Applying this principle, the court found that section 28A(4) applies to the Plaintiff's case, thereby depriving the court of jurisdiction to entertain the application for permission to appeal. The court acknowledged the Plaintiff’s misunderstanding that the preliminary licensing issue could be treated separately from the criminal proceedings as a civil matter but clarified that the statutory route for appeal was exclusive and final.

Holding and Implications

DISMISSED

The court dismissed the Plaintiff's application for permission to appeal on the basis that it lacked jurisdiction under section 28A(4) of the Supreme Court Act 1981. The direct effect is that the Divisional Court's decision on the preliminary issue remains final. No new legal precedent was established by this ruling.