Netjets Management Ltd v Central Arbitration Committee & Anor [2013] EWCA Civ 127
[1]I have considered an application for permission to appeal that was refused on paper by Sir David Keene on the ground that there is no error in law by the judge. It concerns a claim for recognition and the case is one of judicial review of the decision of the Central Arbitration Committee. I have indicated with some considerable hesitation that it seems to me that I ought finally to allow this to go on appeal. It is looking at the question of jurisdiction in a slightly unusual context where there is an application for recognition in relation to a group of workers and the principal issue is to what extent the characteristics of that group should inform the decision as to whether the CAC has jurisdiction. The argument is that the CAC did not focus on that and that had they done so, they might have come to a different decision.[2]This is the first time a point of this kind has been brought before this court and I think there is enough in it at least for me to give permission, bearing in mind that I only have to consider at this stage whether it is arguable.[3]But I think it ought to be expedited. It should not take more than a day. Three Court of Appeal judges.Order
Application granted