09 March 2007
7E Communications Ltd v Vertex Antennentechnik GmBh [2007] EWCA Civ 140, [2007] All ER (D) 333 (Feb)
CPR 52.14 clearly distinguishes between an appeal and an application for permission to appeal. It was only the appeal that may be transferred from the county court to the Court of Appeal pursuant to that rule.
It follows that where a circuit judge refuses permission to appeal, he has no power to direct that the appeal be transferred to the Court of Appeal.
