Where the Court of Appeal had, without jurisdiction, allowed an appeal from the High Court's decision on an appeal from a magistrates' court by way of case stated, it had the exceptional power to proceed on the basis that the appellant had sought judicial review of the magistrates' decision and, sitting as a court of first instance, to grant permission to apply for judicial review but to refuse the substantive application. Then, sitting as an appeal court, it could grant leave to appeal against the refusal of the judicial review application and could then allow the substantive application.

[2005] EWCA Civ 869