Conway v New Ideal Homesteads Ltd     County Courts – Appeal – Claim less than £20 – Leave refused by county court judge –
Jurisdiction of Court of Appeal to hear appeal – County Courts Act 1888 (c 27), ss 120, 124.
The plaintiff in an action in the county court claimed £1 5s 4d damages for breach of
contract, and judgment was given in his favour for that amount. The defendants applied to the
county court judge for leave to appeal, which was refused. The defendants thereupon applied
to the Court of Appeal for leave to appeal, offering to pay the plaintiff’s costs in any event.
The attention of the Court of Appeal was not drawn to the County Courts Act 1888, s 120,
and per incuriam the court gave leave to the defendants to appeal against the county court
judge’s judgment. At the hearing of the appeal the plaintiff raised the preliminary objection
that the Court of Appeal had no jurisdiction to hear an appeal from the judgment of a county
court judge in an action for breach of contract where the claim was for less than £20, when
the county court judge had not given leave to appeal:—