Alom (Appellant) v The Financial Conduct Authority (Respondent)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0066

Parties

Appellant(s)

Jasthi Alom

Respondent(s)

Financial Conduct Authority

Issue

Can a direction by the Court of Appeal that it does not have jurisdiction support an application for permission to appeal to the Supreme Court?

Facts

The Appellant is a former employee of the Financial Conduct Authority. The underlying proceedings arose from a complaint and human rights claim brought before the Investigatory Powers Tribunal concerning alleged monitoring and surveillance by the FCA. The present application concerns the legal effect of the Court of Appeal’s no-jurisdiction disposal and whether it can support an application for permission to appeal to the Supreme Court This appeal concerns a complaint and human rights claim brought by the Appellant against the FCA before the Investigatory Powers Tribunal (“the IPT”). The IPT found that the complaint and the claim would not be considered because they were out of time. Further, the IPT found that the complaint and the claim were frivolous or vexatious because they were totally without merit. The IPT noted that there was no right of appeal from its decision. The Appellant applied to the High Court for judicial review of the decision. Permission to judicial review was refused on the papers. The Appellant then made an application to the IPT for leave to appeal the IPT’s decision. The IPT refused leave to appeal, because the application for leave was out of time, there was no good explanation for the delay, and there was no jurisdiction to appeal against the IPT decision in any event. The Appellant applied for leave to appeal to the Court of Appeal. The Court of Appeal informed the Appellant that it did not have jurisdiction to hear an appeal. The Appellant now applies for permission to appeal to the Supreme Court. The Appellant argues that the decision of the Court of Appeal ought to be appealable to the Supreme Court, notwithstanding that it was not in the form of a final decision or sealed order.