Onafeko (Appellant) v UK Postbox Limited and others (Respondents)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0115

Parties

Appellant(s)

David Onafeko

Respondent(s)

(1) UK PostBox Ltd (2) Allan John Chester (3) IPostal Group Limited

Issue

Does the Court of Appeal have jurisdiction to hear an appeal against the refusal of the High Court to grant permission to appeal?

Facts

The Appellant discontinued proceedings against the Respondents and sought to vary the usual costs order on discontinuance. By an order dated 8 January 2026, District Judge Napier, sitting in the High Court, dismissed the Appellant’s application and declared it totally without merit. By an order dated 2 June 2026, Mr Justice Michael Green refused permission to appeal against the order of DJ Napier and declared the appeal totally without merit (the “Order of Green J”). The Appellant sought to appeal the Order of Green J to the Court of Appeal. On 6 July 2026, the Court of Appeal notified the Appellant that the case lawyer considered the Court of Appeal had no jurisdiction to entertain an appeal against the Order (referring to section 54(4) of the Access to Justice Act 1999 and Civil Procedure Rule 52.4(3)). On 28 July 2026, the Court of Appeal notified the Appellant that Lord Justice Newey agreed that the notification of 6 July was correct. The Appellant now seeks to appeal the decision of Lord Justice Newey.