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Sir John Dyson’s appointment as the twelfth justice of the Supreme Court provides an occasion for an analysis of the appeals against his judgments in the Court of Appeal to the House of Lords and Supreme Court.  Dyson LJ was appointed on 11 Jan 2001 and served in the Court of Appeal for over 9 years.  During that period the House of Lords or Supreme Court heard 28 appeals against judgments of the Court of Appeal where Dyson LJ was a member of the Court.  In 27 of these cases he was party to or gave the judgment appealed against.  In 16 of these cases the appeal was dismissed and in 11 the appeal was allowed.  In one case there was an appeal where Dyson LJ dissented in the Court of Appeal – that appeal was dismissed.

In the absence of comprehensive analyses for other Lords and Lady Justices it is impossible to draw any general conclusions from these figures.   The fact that a substantial proportion of the appeals are in public law cases simply reflects the kind of appeals taken by the House of Lords and Supreme Court in recent times.  The rate of success of these appeals is in line with the general trends.   It is, however, interesting to note the House of Lords cases in which Dyson LJ was involved during his time in the Court of Appeal.   The cases are as follows:

R (Zeqiri) v. Secretary of State for the Home Department [2002] UKHL 3:  Appeal allowed. In the Court of Appeal, Dyson and Kennedy LJJ agreed with the judgment of Lord Phillips MR ([2001] EWCA Civ 342)

R v Crown Court at Manchester Ex p McCann  and Others [2002] UKHL 39.  Appeal dismissed. In the Court of Appeal, Dyson and Kennedy LLJ agreed with the judgment of Lord Phillips MR ([2001] EWCA Civ 281)

Begum v London Borough of Tower Hamlets [2003] UKHL 5.   Appeal dismissed.  In the Court of Appeal Dyson and the Lord Woolf CJ agreed with Laws LJ ([2002] EWCA Civ 239).

R (on the application of Sivakumar) v Secretary of State for the Home Department [2003] UKHL 14.  Appeal dismissed. Dyson LJ gave the leading judgment, Thorpe LJ and Wright J agreed ([2001] EWCA Civ 1196).

R v. Central Valuation Officer [2003] UKHL 20.  Appeal dismissed (3-2 in the House of Lords).  In the Court of Appeal Simon Brown and May LJJ formed the majority, Dyson LJ dissented (Edison First Power v Secretary of State [2001] EWCA Civ 1096).

R v. G & Anor [2003] UKHL 50.   Appeal allowed.  In the Court of Appeal Dyson LJ gave the judgment of the Court (which included Silber J and Beaumont HHJ, [2002] EWCA Crim 1992).

R (on the application of Amin) v. Secretary of State for the Home Department [2003] UKHL 51. Appeal allowed.  In the Court of Appeal Dyson LJ and Lord Woolf CJ agreed with Laws LJ  ([2002] EWCA Civ 390)

R (on the application of IH) v. Secretary of State for the Home Department & Anor [2003] UKHL 59.  Appeal dismissed.  Lord Phillips MR gave the judgment of the Court which included Jonathan Parker and Dyson LJJ ([2002] EWCA Civ 646).

R (on the application of Beresford)  v. City of Sunderland [2003] UKHL 60 . Appeal allowed.  In the Court of Appeal Latham LJ and Wilson J agreed with the judgment of Dyson LJ ([2001] EWCA Civ 1218)

Shogun Finance Ltd v. Hudson [2003] UKHL 62.  Appeal dismissed.   In the Court of Appeal Brooke and Dyson LJJ formed the majority, Sedley LJ dissented ([2001] EWCA Civ 1000)

R (on the application of Middleton) v Coroner for the Western District of Somerset [2004] UKHL 10.  Appeal allowed.  In the Court of Appeal Lord Woolf CJ and Dyson LJ agreed with Laws LJ ([2002] EWCA Civ 390)

R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26.  Appeal dismissed.  In the Court of Appeal Lord Phillips MR gave the judgment of the court, ([2002] EWCA Civ 1856)

R (on the application of Razgar) v. Secretary of State for the Home Department [2004] UKHL 27.  Appeal dismissed.  In the Court of Appeal Dyson LJ gave the judgment of the court ([2003] EWCA Civ 840)

R (on the application of B) v Ashworth Hospital Authority [2005] UKHL 20.  Appeal allowed.  In the Court of Appeal Dyson LJ gave the lead judgment, Simon Brown and Scott Baker LJJ gave concurring judgments ([2003] EWCA Civ 547)

N v. Secretary of State for the Home Department [2005] UKHL 31.  Appeal dismissed.  In the Court of Appeal Dyson and Laws LJJ formed the majority, Carnwath LJ dissented ([2003] EWCA Civ 1369)

Re D (a child appearing by her guardian ad litem) [2005] UKHL 33.  Appeal dismissed.  In the Court of Appeal Hale LJ gave the judgment of the court which included the Vice-Chancellor and Dyson LJ ([2003] EWCA Civ 182)

West Bromwich Building Society v. Wilkinson & Anor [2005] UKHL 44.  Appeal dismissed.  In the Court of Appeal Mummery LJ gave the leading judgment and Dyson and Jonathan Parker LJJ agreed ([2004] EWCA Civ 1063).

YL v. Birmingham City Council [2007] UKHL 27.  Appeal dismissed.  In the Court of Appeal Buxton LJ gave the judgment, Dyson LJ and Sir Anthony Clarke MR agreed ([2007] EWCA Civ 27)

Kola  v Secretary of State for Work and Pensions [2007] UKHL 54. Appeal allowed. In the Court of Appeal Kennedy LJ gave the judgment, Dyson and Jonathan Parker LJJ agreed ([2004] EWCA Civ 638).

A v Hoare and Catholic Care (Diocese of Leeds) v Young [2008] UKHL 6.   Appeal allowed.  In the Court of Appeal Dyson LJ and Buxton LJ gave judgments and Sir Peter Gibson agreed with Dyson LJ ([2006] EWCA Civ 1534)

Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12.  Appeal dismissed  In the Court of Appeal Dyson LJ gave the leading judgment, Mummery and Arden LJJ agreed ([2007] EWCA Civ 601).

R (on the application of Gentle) v The Prime Minister & Anor [2008] UKHL 20.  App  [2008] 1 AC 1356  9 April 2008.  Appeal dismissed.  In the Court of Appeal Sir Anthony Clarke MR gave the judgment of the court (which included Sir Igor Judge P and Dyson LJ, [2006] EWCA Civ 1689)

Yeoman’s Row Management Ltd v Cobbe [2008] UKHL 55.  Appeal allowed. In the Court of Appeal Mummery and Dyson LJJ both gave judgments with which Sir Martin Nourse agreed ([2006] EWCA Civ 1139).

R (on the application of Wright) v Secretary of State for Health [2009] UKHL 3 [2009] 1 AC 739.  Appeal allowed.  In the Court of Appeal May and Dyson LJJ gave judgments and Jacob LJ agreed with Dyson LJ ([2007] EWCA Civ 999)

Secretary of State for Justice v James [2009] UKHL 22.  Appeal dismissed.  In the Court of Appeal Lord Phillips LCJ gave the judgment of the Court which included Dyson and Toulson LJJ ([2008] EWCA Civ 30)

Louca v A German Judicial Authority [2009] UKSC 4.  Appeal dismissed.  In the Divisional Court Dyson LJ gave the judgment of the Court which included Pitchford and Gross JJ ([2008] EWHC 2907 (Admin))

R (on the application of A) v B [2009] UKSC 12.   Appeal dismissed.  In the Court of Appeal the majority was Laws and Dyson LLJ, Rix LJ dissented ([2009] EWCA Civ 24)

R (on the application of Lewis) v Redcar and Cleveland Borough Council & Anor [2010] UKSC 11. Appeal allowed.  In the Court of Appeal Rix and Dyson LJJ gave judgments and Laws LJ agreed ([2009] EWCA Civ 3).

UKSC Blog would like to thank Mr Benjamin Pell for his assistance in compiling this list of cases.

http://www.bailii.org/ew/cases/EWCA/Civ/2002/239.html