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Court of Appeal (Civil Division)

Appeal - Permission to appeal - Disclosure and Barring Service deciding to include applicant general practitioner on children's and adults' barred lists - Upper Tribunal refusing applicant permission to appeal to itself from decision of statutory body Sarfraz v Disclosure and Barring Service [2015] EWCA Civ 544; [2015] WLR (D) 236

9 June 2015

CA: Lord Dyson MR, Kitchin LJ

• 22 May 2015

In the absence of express statutory language to the contrary, a provision which gave a court the power to grant or refuse permission to appeal was to be construed as not extending to an appeal against a refusal of permission to appeal. Accordingly, the lack of such express provision in section 13 of the Tribunals, Courts and Enforcement Act 2007 meant that there was no jurisdiction in the Court of Appeal to grant permission to appeal against the refusal by the Upper Tribunal of permission to appeal to itself.

The Court of Appeal so held when it dismissed the application for permission to appeal of the applicant, Azhir Manzur Sarfraz, against the decision of the Upper Tribunal (Administrative Appeals Chamber) (Judge Jacobs) on 14 November 2014 to refuse his application for permission to appeal to the Cour...

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