[2025] EWCA Civ 1134

Fecha: 01-Sep-2025

The SSHD’s application for permission to appeal, and if granted, to appeal the refusal of joinder as a party and to appeal the grant of the injunction

The SSHD’s application for permission to appeal, and if granted, to appeal the refusal of joinder as a party and to appeal the grant of the injunction.

Status on the appeal

50.

The SSHD seeks permission to appeal to this court against the judge’s refusal to join her as a party to the injunction application and permission to appeal, as an intervener, against the grant of the injunction itself.

51.

Although the SSHD was refused party status in the substantive proceedings before the judge, the definition of “appellant” in CPR rule 52.1(3)(d) is wide enough (“a person who brings or seeks to bring an appeal”) to include a non-party to the proceedings at first instance: see R (George Wimpey UK Ltd) v Tewkesbury BC [2008] EWCA Civ 12; [2008] 1 W.L.R. 1649, CA. Mr Green, while resisting the grant of permission to appeal to the SSHD on either the joinder issue or the merits, rightly did not suggest that we should refuse to allow Mr Browneven to make the applications.